ORDER :

(A.V. Sesha Sai, J.)

1. Heard Sri J.U.M.V. Prasad, learned counsel for the Central Government for the appellants and Sri V. Padmanabha Rao, learned counsel for the respondent, apart from perusing the material available on record.

2. Respondents in W.P.No.17574 of 2011 are the appellants in the present Writ Appeal, preferred under Clause 15 of the Letters Patent.

3. Challenge in the present Writ Appeal is to the order dated 19.07.2022 passed by the learned single Judge in the aforesaid Writ Petition. Respondent herein joined in the Central Industrial Security Force as a constable in the year 1998 and he was transferred to Visakhapatnam Steel Plant in the month of July, 2007. While the respondent herein was working in such a capacity, a charge memo dated 31.07.2009 came to be issued vide memorandum No.V-15014/VSP/Disc/Maj.08/IJ/2009 /3754 dated 31.07.2009, framing the following Article of Charge: -

“An act of gross misconduct, dishonesty and unbecoming conduct of a member of an Armed Force on the part of No.884523127 Constable I.Jagannadhan of CISF Unit VSP, Visakhapatnam, in that while he was on ‘B’ shift duty on 18.07.09 and performing duty of vehicle material checking duty at B.C. Old out material vehicle gate from 1615 hrs on 18.07.09, collected money illegally and concealed a sum of Rs.232/- (Rupees two hundred thirty two only) beneath a concrete stone at B C Gate Old out material vehicle gate which was detected by Commandant at about 1645 hrs on 18.07.09 during surprise checking of Old out material vehicle gate at B C Gate. Further, on physical checking of Constable I.Jagannadhan by Ins/Exe M.R.Tiwari, a sum of Rs. 32/- (Rupees thirty two only) was also recovered from his Uniform shirt pocket, which was excess money than the declared pocket money of Rs. 10/- (Rupees ten only). The above act on the part of No. 884523127 Constable I.Jagannadhan attributes to his involvement, in collection of money, in an illegal manner, during his duty hours.”

4. After acknowledging the said Charge memo, the respondent-writ petitioner filed a written statement of defense on 08.08.2009 and thereafter a regular departmental enquiry was conducted by appointing an Enquiry Officer, who submitted a report on 04.11.2009, holding that the charge levelled against the writ petitioner stood proved. Enclosing a copy of the said Enquiry Officer’s report, the disciplinary authority issued a show cause notice on 30.01.2010 and in response to the same, an explanation was submitted by the writ petitioner on 24.02.2010.

5. Thereafter, the Deputy Inspector General (CISF), South Zone, Chennai- appellant No.2 herein passed a final order dated 29.03.2010, inflicting on the Writ Petitioner herein punishment of compulsory retirement from service with full pension and gratuity with immediate effect in accordance with Rule 40 of the Central Civil Services Rules, 1972 (for short ‘The Rules’). After unsuccessfully availing the remedies of appeal and revision, eventually, the matter landed before this Court by way of W.P.No.17574 of 2011. The learned single Judge, by way of the order under challenge in the present Letters Patent Appeal, allowed the Writ Petition, setting aside the orders of disciplinary, appellate and revisional authorities and consequently directed the authorities to reinstate the writ petitioner into service with continuity of service and 50% of the back wages and with all other consequential benefits in accordance with law. Hence, the present Writ Appeal.

6. Sri J.M.U.V.Prasad, learned counsel for the Central Government strenuously contends that the order passed by the learned single Judge is highly erroneous and contrary to law. In elaboration, it is further submitted by the learned counsel that since the authorities conducted the disciplinary enquiry strictly, in accordance with the procedure contemplated under the Rules and also in accordance with the principles of natural justice, learned single Judge grossly erred in interfering with the or