Madras High Court
A.Nageswara Rao vs The Union Of India on 22 August, 2023
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
2023:MHC:3891
W.P.No.8473 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 22.08.2023
Coram:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.No.8473 of 2016
A.Nageswara Rao
... Petitioner
Vs.
1.The Union of India,
rep. by its Secretary to Government,
Ministry of Home Affairs,
New Delhi.
2.The Director General,
Central Industrial Security Force Hqrs.,
No.13, C.G.O. Complex,
Lodhi Road, New Delhi – 110 003.
3.The Inspector General
Central Industrial Security Force,
South Sector, Head Quarters,
Chennai Port Trust Campus,
Chennai – 600 009.
4.The Deputy Inspector General,
South Zone, Rajaji Bhawan,
Besant Nagar, Chennai – 600 090.
5.The Senior Commandant,
Central Industrial Security Force Unit,
Vishakapattinam Steel Plant,
Vishakapattinam – 31.
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W.P.No.8473 of 2016
6.The Deputy Commandant,
Central Industrial Security Force Unit,
Neyveli Lignite Corporation,
Neyveli, Cuddalore District.
7.The Assistant Commandant,
Sector – IV,
Central Industrial Security Force Unit,
Vishakapattinam Steel Plant,
Vishakapattinam – 31.
.... Respondents
Prayer: PETITION filed under Article 226 of the Constitution of India
praying for the issuance of Writ of Certiorarified Mandamus to call for the
records relating to the order passed by the 4th respondent dated 11.07.2014 in
his Order No.V-11014(1)/26/Rev/ANR/SZ/2014/4921 confirming the order
of the 5th respondent dated 18.03.2014 in his Appellate Order No.V-
11015/VSP/Disc/Minor-Appeal/ANR/2014/2568 confirming the order of the
7th respondent in his final order No.V-15015/CISF/VSP/AC/Sec-IV13856,
dated 28.12.2013 and the order passed by the 5th respondent dated 10.06.2014
in his Office Memorandum No.E-15015/17/CISF/VSP/14/5456 and the order
passed by the 6th respondent in his Office Memorandum No.E-
3601/CISF/NLC/File/2015-6044 dated 04.09.2015 and quash the same and to
direct the respondents to pay all benefits including MACP to the petitioner.
For Petitioner : Mr.A.S.Mujibur Rahman
For Respondent : Mr.P.R.Ramesh Babu
Central Government Standing Counsel
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W.P.No.8473 of 2016
ORDER
This Writ Petition has been filed in the nature of a certiorarified mandamus seeking records relating to the order passed by the 4th respondent, Deputy Inspector General dated 11.07.2014 confirming the orders passed by respondent Nos. 5 to 7 in the appeals filed by the petitioner and quash the same.
2. The petitioner was working under the 7th respondent, namely, the Assistant Commandant, Central Industrial Security Force Unit, Vishakapattinam Steel Plant, Vishakapattinam. At that particular point of time, two constables by name Chandrakumar and Satvinder Singh were found driving a motorcycle in a drunken state. The local police had registered an FIR in that connection and the said information was passed on to the petitioner herein. The petitioner went over to the police station and took control over the two constables. Thereafter, a charge was levelled against the said two constables on the issue of drunken driving, holding it brought down the reputation of the Central Industrial Security Force.
3. In the departmental enquiry, the evidence of the petitioner was crucial. However, the petitioner in his evidence did not substantiate the charge of drunken driving but rather, according to the learned senior standing counsel for the respondents, turned 'hostile'. The petitioner for some reason appear to developed great affinity to those two constables rather than https://www.mhc.tn.gov.in/judis 3 W.P.No.8473 of 2016 upholding his duty to the uniform he wears. Consequent to the contradictory evidence given by the petitioner, the departmental enquiry against the said two constables could not be proceeded with, resulting the enquiry officer to return a finding that the charges were not proved.
4. Subsequently, owing to this particular act of turning hostile in a crucial enquiry conducted by the respondents, a charge memo was independently issued against the petitioner and an enquiry was conducted, wherein the charge was found proved and a punishment was imposed withholding one increment for a period of one year without cumulative effect. The appellate authorities consistently dismissed the appeals of the petitioner herein.
5. Learned counsel for the petitioner pointed out the Annual Confidential Reports of the petitioner herein, wherein the remarks with regard to conduct was recorded as 'good' till the year 2013 and thereafter, in the year 2014, it was recorded as 'below average', consequent to the fact that he had turned hostile and spoken against his own department in the charges against the two constables who were found drunken and driving a motorcycle.
6. Learned Standing Counsel for the respondents contended that the punishment imposed was only to withhold one increment for a period of one year without cumulative effect and from the year 2015 onwards, increments https://www.mhc.tn.gov.in/judis 4 W.P.No.8473 of 2016 had been granted and all monetary benefits had been paid to the petitioner. Learned counsel for the petitioner confirms the aforesaid submission and states that the promotional aspects had not been interfered with by the respondents.
7. In light of the above, while dismissing this Writ Petition, the respondents are directed not to hold this particular charge against the petitioner herein in the future records of the petitioner and if he is otherwise eligible, grant him necessary promotion and other monetary benefits. It is made clear that though the charge should be on record, it should not be held against the petitioner herein. No costs.
22.08.2023 Index: Yes/No Speaking/Non-speaking order Neutral citation:Yes/No sl To
1.The Union of India, rep. by its Secretary to Government, Ministry of Home Affairs, New Delhi.
2.The Director General, Central Industrial Security Force Hqrs., No.13, C.G.O. Complex, Lodhi Road, New Delhi – 110 003.
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3.The Inspector General Central Industrial Security Force, South Sector, Head Quarters, Chennai Port Trust Campus, Chennai – 600 009.
4.The Deputy Inspector General, South Zone, Rajaji Bhawan, Besant Nagar, Chennai – 600 090.
5.The Senior Commandant, Central Industrial Security Force Unit, Vishakapattinam Steel Plant, Vishakapattinam – 31.
6.The Deputy Commandant, Central Industrial Security Force Unit, Neyveli Lignite Corporation, Neyveli, Cuddalore District.
7.The Assistant Commandant, Sector – IV, Central Industrial Security Force Unit, Vishakapattinam Steel Plant, Vishakapattinam – 31.
W.P.No.8473 of 2016
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