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2022 Supreme(Online)(MAD) 13979

HIGH COURT OF MADRAS
Hon`ble Mrs Justice N. MALA
P.SELVARAJ – Appellant
Versus
UNION OF INDIA – Respondent


ORDER

The writ petition is filed challenging the order of punishment of withholding of one increment for a period of one year which will not have the effect of postponing the future increment of pay.

2.The case of the petitioner is that he joined as a Constable on

25.05.1990 in the Central Industrial Security Force (CISF) at Thanjavur and he had served in places all over India up to the year 2010. While he was serving at CISF Unit, VSP Visakhapatnam of Andhra Pradesh under the 9th respondent, a charge memo under Rule 37 of the CISF Rules, 2001 was issued with the following charge:

"An act of gross negligence, dereliction of duty and professional incompetence, on the part of No.

902292723 Constable P.Selvaraj of CIW, CISF Unit VSP Visakhapatnam, in that while he was detailed for "B" shifty duty from 1400 hrs to 2200 hrs on 23.09.2010 at New party recovered some Indian currency (i.e. Rs.950/-) from outside New P.P.Gate Room No.7, being a CIW personnel he completely failed to detect the above mentioned delinquency and timely report to seniors for appropriate action."

After conducting the enquiry, the disciplinary authority imposed the punishment of "withholding of one increment for a perio

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