(1.) AGGRIEVED by the orders of the respondents dated 16.6.2000, 27.11.2000 and 31.3.2001, the petitioner has filed the above writ petition to quash those orders and to direct the respondents to reinstate him in service with backwages, continuity of service and all other attendant benefits.
(2.) THE petitioner, B.Padmaiah, Constable in Central Industrial Security Force (in short, -C.I.S.F.-) Unit, M.R.L. Manali was dealt with under Rule 34 of the Central Industrial Security Force Rules, 1969, (in short, -C.I.S.F. Rules-) on the charges mentioned in the Article of Charge, which reads as follows: "Article of Charge-I "Gross negligence and dereliction of duty in that CISF No.834950228 Constable B. Padmaiah of CISF Unit MRL, Manali, detailed for duty at N.T.A. Patrolling in OTA Plant of MRL in "A" shift duty on 18.02.98, indulged in illegal gratification and collected money from Supervisor for loading grass at grass loading point." "STATEMENT OF IMPUTATION OF MISCONDUCT AND MISBEHAVIOUR IN RESPECT OF THE ARTICLE OF CHARGE FRAMED AGAINST NO.834050228 CONSTABLE B. PADMAIAH OF CISF UNIT MRL, MANALI, CHENNAI - 600 068. ARTICLE-I That No.834050228 Constable B. Padmaiah of CISF Unit MRL Manali was detailed for 'A' shift duty from 0500 hrs to 1300 hrs at N.T.A. Patrolling in OTA plant. THE company Commander A.P. Velu of this Unit had received an information at about 11.30 hrs from Shri Ravichandran Supervisor, Rajeshwari Contractors that one CISF sentry who was performing duty at N.T.A. PTL in OTA was demanding money from him for grass loading point. On receiving the information, the Company Commander along with SI/EXE S.P. Muthu In charge, Crime and Int Section went to OTA where Shri Ravichandran was present. THE Company Commander advised him to give the Constable 02 (Two) particular currencies of 10 rupees denomination after putting identification marks on them. THEy waited at the OTA gate and Shri Ravichandran went to the CISF sentry at the grass loading point and handed him over the money which the sentry was demanding. THE supervisor Shri Ravichandran came back along with the grass load at the OTA gate and then they proceeded to the grass loading point but they found the grass loading point sentry CISF No.834050228 Constable B. Padmaiah at the crude loading point and asked crude point sentry CISF No.762310778 HC/GD Dan Ram to search CISF No.834050228 Constable B. Padmaiah. Upon Searching Constable B. Padmaiah the two currency notes bearing No.55L JJ 3716 51B 724192 which had identification marks as put by Inspector/Exe A.P. Velu were recovered from him. THE identification of the notes was done by HC/GD Dan Ram in presence of No.884495602 Constable T. Nithiyanantham. Such activity on the part of Constable B. Padmaiah amounts to gross negligence and dereliction of duty and hence the charge. "
(3.) MR.N.G.R.Prasad, learned counsel for the petitioner, after taking us through the enquiry proceedings, the orders of the disciplinary authority, the appellate authority and the revisional authority, submitted that the petitioner was not provided with an adequate opportunity to put forth his defence before the Enquiry Officer. He further contended that inasmuch as the material witness was not examined, other witnesses being the persons working in CISF, the ultimate conclusion of the Enquiry Officer as well as the disciplinary authority against the petitioner cannot be sustained. According to him, the non-examination of the material witness, viz., Ravichandran, who is the complainant, and non-supply of copy of the report to the Deputy Commandant [Ex.C-1] which was very much relied on by the Enquiry Officer amounts to violation of the principles of natural justice. He also pointed out that in other cases, in respect of similar charges of illegal gratification, the very same respondents had awarded lesser punishment than that of removal from service.