HC upholds forced retirement of CISF man who ‘ate’ currency

The first bench comprising Chief Justice AP Sahi and Justice Senthilkumar Ramamoorthy, before whom the plea moved by CISF official V Jaganathan came up, challenging a single judge’s order in this regard, said: “During the inquiry, witnesses were examined and they deposed that they witnessed the swallowing of the currency and, on that basis, the charges were held to be proved.” However, on pointing out that the court does not test the quality or sufficiency of evidence except to the limited extending of assessing whether the order was perverse, said: “In this case, it cannot be said that the order was passed without evidence or that material evidence was disregarded or that irrelevant evidence was the basis of the order. Therefore, it cannot be said that the order was perverse.” Also, on examining the issue whether the punishment imposed on the CISF personnel was grossly disproportionate and whether it warrants interference by this court, the bench said, “With regard to the quantum of punishment, it is pertinent to bear in mind that the imposition of punishment is entirely within the domain of the disciplinary authority concerned and the court would interfere only if the punishment is so grossly disproportionate as to shock the conscience of the court.” “Although the quantum of unaccounted money is minuscule, the Disciplinary Authority concluded that it establishes lack of integrity of an employee in an organisation, which by its nature, requires the highest standards of discipline and integrity... and we find that it cannot be concluded that the said punishment shocks the conscience of the court,” the bench added while dismissing the appeal.