IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.48350 OF 2018 (S-RES) BETWEEN SRI. J. N. SINGH S/O. RANJIT SINGH, AGED ABOUT 38 YEARS, WORKING AS SI/EXE/CISF UNIT, ASG, AIRPORT, BENGALURU-560 300.
...PETITIONER (BY SRI PRASHANTH H S, ADVOCATE) AND 1. UNION OF INDIA BY MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI-110 001.
2. THE DEPUTY INSPECTOR GENERAL AIRPORT ZONE, CISF, SOUTH ZONE, CHENNAI-600 090.
3. THE SENIOR COMMANDANT OFFICE OF THE SENIOR COMMANDANT/CASO, BENGALURU INTERNATIONAL AIRPORT, CISF, BENGALURU-560 300.
4. THE DEPUTY COMMANDANT OFFICE OF THE SENIOR COMMANDANT/CASO, BENGALURU INTERNATIONAL AIRPORT, CISF, BENGALURU-560 300.
5. THE ASSISTANT COMMANDANT/’C’ COY OFFICE OF THE SENIOR COMMANDANT/CASO, BENGALURU INTERNATIONAL AIRPORT, CISF, BENGALURU-560 300.
…RESPONDENTS (BY SRI B PROMOD, CGC) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD:17.3.2018 PASSED BY THE R-3 HEREIN VIDE ANNEXURE-A WHEREBY, THE ORDER DTD:18.6.2017 ANNEXURE-C DTD:12.8.2017 ANNEXURE-D WERE PARTLY SET ASIDE AND MODIFIED AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri Prashanth H.S., learned advocate for the petitioner and Shri B.Pramod, learned Central Government Counsel for the respondent.
2. Shri Prashanth H.S., submitted that petitioner is Sub-Inspector in CISF (SI/Exe, CISF Unit), working at Bengaluru International Airport. He was deployed in CCTV room on 15.05.2017. A Constable working in the Dog Squad was arrested with foreign currency worth Rs.1,14,22,720/-. The said Constable was found in suspicious circumstances on 15.05.2017 when petitioner was on duty. A charge was framed against petitioner that he had failed to notice involvement of Ex-Constable in illegal activities. After obtaining petitioner’s reply, punishment of fine equivalent to five days pay was imposed upon him. The appellate authority confirmed the said order. The revisional authority by order dated 17.03.2018 has modified the penalty of fine amount equivalent to two days pay.
3. Learned advocate for the petitioner submitted that there are in all 835 CCTV cameras in the camera room and three officials are required to observe them, which is humanly impossible. Therefore, the orders passed by the original authority, the appellate authority as also the revisional authority are unsustainable in law.
4. Sri B.Pramod, learned Central Government Counsel argued in support of the impugned order.
5. I have carefully considered the rival contentions and perused the records.
6. Admittedly, the petitioner was on duty in the CCTV room. It is alleged that for twenty minutes the Ex- Constable attached to the Dog Squad from whom foreign currency was seized, was found in suspicious circumstances. Airport is a sensitive place and any dereliction of duty will have to be viewed seriously.
7. The matter has been considered by three authorities. The revisional authority, keeping in view the career of the petitioner, has taken a lenient view. The revisional authority has passed a detailed order by taking relevant factors into consideration. The petitioner has been heard before the appellate authority as also the revisional authority.
8. In the circumstances, I see no error in the decision making process.
9. Resultantly, the petition fails and it is accordingly dismissed.
No costs.
Sd/- JUDGE JT/-