1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2011 CORAM: THE HONOURABLE Mr.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE Mr.JUSTICE R.SUBBIAH W.A.(MD)No.17 of 2011 and M.P.(MD)No.1 of 2011 N.Subramanian ... Appellant Vs. 1.G.Ranganathan Inspector Executive / Enquiry Officer, CISF Unit, Tuticorin Port Trust, Tuticorin. 2.The Commandant, CISF Unit, Tuticorin Port Trust, Tuticorin. ... Respondents Prayer: Appeal is filed under Clause 15 of Letters Patent against the order of this Court dated 19.11.2010 in W.P.(MD)No.7819 of 2010. Petitions filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari to call for the records relating to the charge memo issued by the 2nd respondnt in his memorandum No.V- 15014 /CISF/TPT/Disc/Maj-10/NS/2009-3639 dated 15.09.2009 and the Enquiry report submitted by the 1st respondent and the 2nd show cause notice issued by the 2nd respondent in his notice No.V-15014/CISF/TPT/Disc/Maj- 10/NS/2010/2829 dated 18.06.2010 and quash the same. For Appellant : Mr.A.S.Mujibur Rahman For Respondents : Mr.K.K.Senthilvelu CGSC JUDGMENT (Judgment of the Court was delivered by N.PAUL VASANTHAKUMAR,J.) This Writ Appeal is filed against the order passed by the learned Single Judge made in W.P.(MD)No.7819 of 2010 dated 19.11.2010 refusing to interfere with the enquiry report as well as show cause notice as premature. 2.The appellant is a Head Constable in CISF Unit TPT Tuticorin. He was proceeded with the charge memo dated 15.09.2009. The said charges are as follows: https://hcservices.ecourts.gov.in/hcservices/ 2 "That CISF 763470027 Head Constable (GD) N.Subramanian of CISF Unit TPT Tuticorin while performing security duties at Check Post-I of TPT Tuticorin in B-Shift from 1300 hrs to 2100 hrs on 18.08.09 dishonestly earned a sum of Rs.434.50 (Rupees four hundred thirty four and fifty paise only) by misusing his official capacity which has been exposed during the surprise checking at Check Post-I conducted on 18.08.2009 at 1945 hours by Shri J.M.U.Koya, Asstt Commandant and Insp/Exe K.Annamalai. The above said act committed by Head Constable (GD) N.Subramanian amounts to gross misconduct, indiscipline and violation of orders unbecoming of a member of the disciplined para military Force, Hence, the charge." 3.The appellant submitted his explanation and the same having been found not satisfactory an enquiry was conducted and a report was also submitted by the Enquiry Officer. Now a second show cause notice is issued to the petitioner based on the Enquiry Officer’s report and the appellant can give reply to the second show cause notice and point out the defect if any while conducting enquiry by the Enquiry Officer and the authority will look into the matter before passing final orders. 4.We see no reason to interfere with the order passed by the learned Single Judge, who dismissed the Writ petition on the ground that the Writ petition is premature. 5.The learned counsel for the appellant seeks 15 days time to file reply to the second show cause notice. Time to submit reply is granted till 20.01.2011. 6.The Writ Appeal is dismissed. No costs. Consequently, connected M.P.is closed. SD/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To 1.The Inspector Executive / Enquiry Officer, CISF Unit, Tuticorin Port Trust, Tuticorin. 2.The Commandant, CISF Unit, Tuticorin Port Trust, Tuticorin. +1 CC TO MR. A.S.MUJIBUR RAHMAN, ADVOCATE S.R NO. 641 W.A.(MD)No.17 of 2011 06.01.2011 nbj PAM 12.01.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/