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Judgment
N. Paul Vasanthakumar, J.—Heard Mr. Md. Ibrahim Ali, learned counsel for the petitioner and and Mr. M. Devendran, learned Senior Panel Counsel for Central Government for the respondents.
This writ petition is filed against the order imposing punishment of withholding of one increment for four years without cumulative effect.
On perusal of the charge memo, it is evident that the petitioner was proceeded and penalised on four earlier occasions during his service for his misconduct. The present charges are relating to allowing a truck into port premises without valid pass and demanding money for allowing the vehicle into the port premises and snatched Rs. 15/- from the Cleaner of the truck. In respect of charge No. 1, driver of the vehicle, from whom the petitioner demanded bribe, was examined as P.W.1, who deposed that the petitioner demanded Rs. 150/- and the enquiry officer has held that the said charge was proved. Insofar as the second charge is concerned, the learned counsel for the petitioner submitted that the Cleaner, from whom the petitioner has snatched Rs. 15/-, was not examined.
The first charge being very serious charge having been proved and very lenient punishment having been imposed on the petitioner in spite of his past adverse conduct on four earlier occasions, which was also confirmed by the appellate authority, we are of the view that there is no procedural irregularity and there is no legal flaw. Even if the second charge is not to be treated as proved, proving of first charge is sufficient to the impose the impugned punishment. We are unable to see any reason to interfere with the order passed by the original authority, which was also confirmed by the appellate authority. There is no merit in the writ petition and the same is dismissed. No costs.