Madras High Court
P. Ramachandran vs The Sr. Commandant on 3 September, 2021
W.P. No.3462 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2021
CORAM
THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE A.A. NAKKIRAN
W.P. No. 3462 of 2019
P. Ramachandran ..Appellant
Vs.
1. The Sr. Commandant,
Disciplinary Authority,
CISF, Unit CISA,
Mumbai.
2. The Deputy Inspector General,
Central Industrial Security Force,
West Airport Hqrs, Kendirya Sadan,
C-301, CBD Belapur,
Navi Mumbai 614.
3. The Inspector General,
CISF Head Quarters, Airport Sector,
Lodi Road, Block No.15,
New Delhi.
4. The Union of India rep.by
The Home Secretary,
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W.P. No.3462 of 2019
New Delhi. ..Respondents
Prayer: Writ Appeal as against the order dated 10.12.2013 passed in W.P.
No. 26898/2010.
For Appellant :: Ms.Sasikala Subramaniam
For Respondents :: Mr.Srinivasamoorthy,
Senior Panel Counsel
JUDGMENT
(Judgment of the Court was delivered by S.VAIDYANATHAN,J.)
The present writ appeal has been filed challenging the order dated
10.12.2013 passed in W.P. No. 23898 of 2010.
2. The appellant joined the service of the respondents on
30.10.1996 as Washerman and he has rendered service without blemish till
11.07.2005. Thereafter, he absented himself and joined duty on 03.12.2005.
As the appellant had absented unauthorisedly from 11.07.2005 till
02.12.2005, a charge memo dated 26.12.2005 was issued for which a reply
was given by the appellant on 06.01.2006. Not satisfied with the
explanation, the respondent Department decided to proceed with the enquiry
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W.P. No.3462 of 2019
fixing the date of enquiry as 06.02.2006. Eventhough the appellant joined
service on 03.12.2005, on receipt of enquiry notice, remained absent from
04.02.2006. The enquiry was conducted wherein charges were held proved
and the enquiry officer rendered his finding on 15.05.2006 and finally, order
of removal from service was passed on 15.06.2006, which was
unsuccessfully challenged by the appellant by way of departmental appeal
on 15.03.2007, which came to be rejected by order dated 26.04.2007.
Aggrieved by the rejection of the appeal, revision was filed on 14.09.2007,
which also came to be rejected by order dated 08.11.2007.
3. Challenging the same, the appellant had approached this Court
after three years by filing W.P. No. 26898 of 2010 and the learned Single
Judge, by the impugned order, dismissed the writ petition on the ground that
the appellant was unauthorisedly absent from 11.07.2005 till 02.12.2005;
that the contention of the appellant that he was suffering from HIV and
jaundice was not acceptable; that he got infected with HIV was a
subsequent event; that there are no merits in the writ petition and therefore,
rejected the same. Assailing the said order, the present writ appeal has been
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W.P. No.3462 of 2019
filed.
4. It is true that the appellant was employed in a disciplined force
and he is not supposed to absent himself from duty unauthorisedly. In
normal circumstances, this Court would not have considered the request of
the appellant, as strict adherence to Rules is a must for employees of
Disciplined Force. However, taking note of the fact that the appellant is
infected with HIV and that he has been taking treatment, which is not
disputed by the respondents, though the said infection was contracted after
his removal from service, this Court is the view that the order of the
Revisional Authority dated 08.11.2007 needs to be modified into one of
compulsory retirement enabling the appellant to get pensionary benfits
treating the period from 11.07.2005 as one of service period only for the
purpose of pensionary benefits and not otherwise. Further, taking into
consideration that the appellant had also completed 9 years of service
without any blemish and that nature appears to be harsh on the appellant and
as a special case, without treating this as a precedent, this Court modifies
the order of removal from service into one of compulsory retirmenet with
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W.P. No.3462 of 2019
effect from 08.11.2007 to enable the appellant to get pensionary benefits, if
applicable. It is made very clear that the appellant will not be entitled to any
other benefits for the period from 11.07.2005 till 08.11.2007 or thereafter.
The writ appeal is disposed of accordingly. No costs.
(S.V.N.J.) (A.A.N.J.)
nv 09.09.2021
To
1. The Sr. Commandant,
Disciplinary Authority,
CISF, Unit CISA,
Mumbai.
2. The Deputy Inspector General,
Central Industrial Security Force,
West Airport Hqrs, Kendirya Sadan,
C-301, CBD Belapur,
Navi Mumbai 614.
3. The Inspector General,
CISF Head Quarters, Airport Sector,
Lodi Road, Block No.15,
New Delhi.
4. The Union of India rep.by
The Home Secretary,
New Delhi.
S. VAIDYANATHAN,J.
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W.P. No.3462 of 2019
AND
A.A. NAKKIRAN,J.
nv
W.A. No. 3462 of 2019
09.09.2021
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