LAWS(MAD)-2019-1-776

UNION OF INDIA Vs. N.SUBRAMANIAN

Decided On January 08, 2019
UNION OF INDIA Appellant
V/S
N.SUBRAMANIAN Respondents

JUDGEMENT

(1.) Challenge in this writ appeal is to an order of the writ court 15/2/2018 made in W.P.No.30695 of 2012, by which, the writ court, quashed the impugned proceedings of the Inspector General/South Sector, Central Industrial Security Force, South Sector, Chennai Port Trust and consequently directed the respondents to pay all pension and arrears of pension etc. on being notionally reinstated in service, as the petitioner had attained the age of superannuation in the year 2014 itself.

(2.) Short facts leading to the filing of the writ appeal are that, the writ petitioner N.Subramanian joined the service of CISF as Security Guard on 14/7/1976. The post was subsequently reclassified as Constable in the year 1985. In the year 1998, the writ petitioner was promoted as Head Constable.

(3.) According to the writ petitioner, during his service, a surprise check was conducted on 18/8/2009 and the writ petitioner was found having amount in excess of the amount declared by him in the General Diary as per the rules. According to the officials who conducted inspection, the amounts were unaccounted and therefore, it was presumed that the writ petitioner must have received the unaccounted money by way of illegal gratification from the Truck drivers who were passing through the Check Post.