IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Suresh Kumar, Hemant Chandangoudar, JJ
Union of India Rep. by its Secretary to Government Ministry of Home Affairs New Delhi – Appellant
Versus
C.Devarajan HC/GD No.864502834 CSF Unit, VPT Visakhapattinam – Respondent
| Table of Content |
|---|
| 1. explanation of the case facts and the original disciplinary action. (Para 1 , 2 , 3) |
| 2. arguments presented by both parties regarding the severity of the punishment. (Para 5 , 6 , 7) |
| 3. the court’s reasoning behind the evaluation of the punishment's proportionality. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. final conclusion on the dismissal of the writ appeal. (Para 15) |
(Made by HEMANT CHANDANGOUDAR, J.
This intra-Court appeal is directed against the order dated 26.02.2025 passed by the learned Single Judge in W.P. No. 5360 of 2015. By the said order, the learned Single Judge modified the punishment imposed on the respondent–writ petitioner from reduction of pay by one stage for a period of one year to reduction of pay for a period of three months without cumulative effect.
2. The respondent, who was then serving in the establishment of the appellants, was issued a charge memorandum alleging that on 04.11.2011, at about 13:30 hours, immediately after completion of duty, he was found standing in front of “B” Sector Barrack in a suspicious manner, and that upon noticing the arrival of the staff for pocket checking, he ran away to evade such inspection.
3. A departmental enquir
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