JUDGMENT

Dated this the 12th day of January 2021 Gopinath, J.

This writ appeal arises from the judgment of a learned single Judge of this Court in W.P.(C)No.28322/2015.

2. The brief facts are that the Appellant while working as a Constable in the Central Industrial Security Force at the New Mangalore Port Trust was subjected to disciplinary action. The allegation upon which he was proceeded with is that he was found to be in possession of cash (Rs.1573/-) which was more than the amount declared by him at the time of joining duty on that day and this was also in violation of the unit’s standing instructions whereby duty personnel are not allowed to keep more than Rs.10 during duty hours. Though the Appellant offered some explanations for possession of cash, a formal enquiry was conducted and the Enquiry Officer found the Appellant guilty. Ext.P14 order dated 22.10.2009 was passed by the disciplinary authority agreeing with the findings of the Enquiry Officer and imposing on the Appellant the punishment of compulsory retirement from service with full pension and gratuity. The period of suspension from 30.5.2009 to 3.9.2009 was to be treated as a suspension for all purposes and payment for that period was to be limited to the subsistence allowance already paid. Ext.P14 order was passed by the Group Commandant, CISF Group Head Quarters, Cochin. An appeal filed by the Appellant was rejected by the Deputy Inspector General of the Central Industrial Security Force having his office at Besant Nagar, Chennai. The Appellant approached this Court by filing W.P.(C)No.12035/2010 which was disposed of relegating the Appellant to the remedy of revision before the Director- General of the CISF. On the revision petition preferred by the Appellant, Ext.P19 order was passed by the Director-General of CISF.

The operative portion of Ext.P19 order reads thus:-

“10. NOW THEREFORE, having regard to the totality of the facts and circumstance of the case I conclude that though the punishment of Compulsory Retirement from service awarded to him by the Disciplinary Authority is appropriate in the case, yet on a purely humanitarian count and considering the fact that the petitioner had served for more than 19 years in CISF, I am inclined to take a compassionate view and hereby modify the penalty of Compulsory Retirement from service awarded to him by Group Commandant CISF Cochin, vide order dated 22.10.2009 to that of “Reduction of pay by two stages in the time scale of pay for a period of two years with further direction that he will not earn increments of pay during the period of reduction and that on the expiry of such period the reduction will have the effect of postponing his future increments of pay.”

11. NOW THEREFORE, I hereby reinstate the petitioner in service with the above punishment and direct him to report for duty at South Zone HQrs Chennai within 15 days from the date of receipt of this order. If he failed to report for duty within the stipulated period, it will be presumed that he is no more interested to serve in CISF and order of reinstatement will be treated as withdrawn. On reinstatement, the penalty as ordered above shall be given effect to.

12. The intervening period from the date of Compulsory retirement from service to the date of joining on re- instatement will be regularized separately. The petitioner would be given an opportunity to submit his representation against the proposal within one month of joining the duty on re-instatement and decision in this regard will be taken after consideration of the representation, if any submitted by the petitioner or after expiry of period of one month, as the case may be.”

Thereafter, through Ext.P23 order, the intervening period from the date of compulsory retirement from service to the date of joining after reinstatement, i.e., 27.10.2009 to 2.12.2014, was directed to be treated as 'dies non'. The petitioner, therefore, approached this Court by filing W.P.(C)No. 28322/2015 seeking to quash Exts