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2020 Supreme(Ker) 266

V.G.ARUN
K. Lakshmanan – Appellant
Versus
Union of India Represented by Secretary, Department of Defence, New Delhi – Respondent


Advocates Appeared:
For the Petitioner: Sri. K.B. Harshan, Smt. Soumini James
For the Respondent: Sri. T.V. Vinu, CGC, by Adv. Sri. T.V. Vinu CGC

JUDGMENT :

The petitioner; a Constable in the Central Industrial Security Force, was subjected to disciplinary action while working at the New Mangalore Port Trust. The reason for initiation of disciplinary action was that, on 29.05.2009, while the petitioner was deputed for duty at the KK Gate (out) of the New Mangalore Port from 13 Hrs to 21 Hrs, he was found to be in possession of cash, in excess of the amount declared by him at the time of joining duty. On initiation of the disciplinary action, the petitioner was issued with Ext.P2 Article of Charges and Statement of Imputation dated 6.06.2009. The charges were to the following effect:

    "That CISF No.902292498 Constable K. Lakshmanan of CISF Unit, NMPT Mangalore was detailed for B' Shift duty on 29.05.2009 from 1300 hrs to 2100 hrs along with No.721370091 HC/GD K. Sreedharan at K.K. Gate-Out. Shri K. Korappan, AC, CISF Unit NMPT Mangalore, while carrying out surprise checking at 2055 hours on 29.05.2009 along with SI/Exe R.R. Singh, In-charge(CIW), Shri K. Korappan directed to SI/Exe R.R. Singh to conduct pocket checking of B' shift duty personnel deployed at K.K. Gate. Accordingly SI/Exe R.R. Singh conducted pocket checking of Co

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