M PERIYA DASAN Vs. DY INSPECTOR GENERAL, CHENNAI

JUDGEMENT

(1.) THE appellant was working as Sub -Inspector in the Central Industrial Security Force of Visakhapatnam Steel Plant, in the year 2000. On 15.05.2000, a charge memo was issued to him alleging that he failed in his duties to supervise the Constables, who are posted at the respective gates, and on account of the same, the Constable, by name, T.K.Rao, at B.C. gate, has permitted the entry of two labourers on 02.05.2000, by receiving a sum of Rs.5/ - from each. The appellant submitted his explanation denying the allegation against him. The Disciplinary Authority, i.e. the 2nd respondent, ordered departmental enquiry. A report was submitted by the Enquiry Officer, holding that the charge is proved. Taking the same into account, the 2nd respondent, passed an order, dated 28.11.2000, imposing the punishment of stoppage of two increments with cumulative effect. The appeal preferred by the appellant before the 1st respondent was rejected on 26.03.2001. Therefore, he filed W.P.No.14223 of 2001.

(2.) THE appellant pleaded that the allegation in the entire episode was that one Mr.T.K.Rao, Constable, allowed two labourers into the precincts of the steel plant by receiving a sum of Rs.5/ - from each and though there was no failure on his part, the charge sheet was issued. It was also his case that the labourers were not examined in the departmental enquiry, though he made a specific request for their examination. Ultimately, it was pleaded that the imposition of punishment was absolutely without any basis.

(3.) THE respondents filed a counter -affidavit, opposing the writ petition. It was pleaded that but for lack of proper supervision on the part of the appellant, the instance of the Constable permitting the two labourers unauthorisedly, would not have arisen. The learned Single Judge dismissed the writ petition, through order, dated 21.02.2006. Hence, this writ appeal.