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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
A.R.Ajai – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. the background and nature of the disciplinary charges against the appellant. (Para 1 , 2) |
| 2. arguments presented by both sides regarding the proportionality of punishment. (Para 3 , 4) |
| 3. principles regarding judicial review over disciplinary authority's decisions. (Para 5 , 6) |
| 4. final verdict dismissing the appeal. (Para 7) |
JUDGMENT
(Judgment of the Court was delivered by G.R.Swaminathan, J.) The unsuccessful writ petitioner has filed this writ appeal. The writ petitioner joined CISF as Constable on 16.02.2002. When he was on duty at Madurai Airport on 18.08.2011, he was found sitting on a chair elsewhere and not in the allotted duty spot. When it was questioned by the Head Constable / Sohan Singh, the appellant had assaulted him with rifle butt twice on his forehead. Hence, charge memo was issued on
29.08.2011. It contained the following three articles of charge:-
“ARTICLE OF CHARGE - I That No-024380285 Const./GD Ajai. A. R of CISF Unit ASG Madurai Airport was detailed for Quarter Guard rear side sentry duty from 2200 hrs to 2400 hrs on 18.08.2011. While on duty at about 2210 hrs, No-024380285 Const./GD Ajai. A. R was found sitting on a plastic chair in front side
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