MOKAL SANTHOSH MAHADEO Vs. COMMANDANT CENTRAL INDUSTRIAL SECURITY FORCE UNIT KOCHI INTERNATIONAL AIRPORT LTD

JUDGEMENT

(1.) HEARD the learned counsel for the appellant as well as the learned Assistant Solicitor General. The appellant/petitioner was admittedly a Constable in Central Industrial Security Force(CISF) Unit at Nedumbassery Airport. The departmental enquiry initiated against him was with reference to two charges. First charge was commission of adultery with a labourer of CISF Unit by name 'Sabitry Das' on 09.01.2007 and another charge is with regard to assaulting and manhandling said Sabitry Das and her husband on the night of 31.01.2007.

(2.) IT is not in dispute that after preliminary enquiry, higher authorities put him under suspension. Subsequently enquiry into the allegations was completed and the Cantonment of CISF disciplinary authority imposed penalty of dismissal from service. The same came to be challenged by way of appeal before the appellate authority and the appeal came to be dismissed followed by revision, which was also dismissed holding against the appellant. All these orders were the subject matter of challenge before the learned Single Judge.

(3.) THE disciplinary authority was of the opinion that the appellant did not dispute the allegations of adultery committed by him as per the preliminary report. It further reveals that he even admitted payment of Rs.500/- to the said Sabithri Das. As a matter of fact the learned Assistant Solicitor General brings to our notice that there was a complaint of sexual abuse on the said victim, but he came out with a statement that it was a conceded sexual favour and he paid Rs.500/- to her. As there was an admission on his part during the preliminary enquiry, this material need not be further proved was the opinion of the disciplinary authority.