The Madras High Court has come to the rescue of a 'constable dhobi', quashing his removal from CISF on grounds of indiscipline after it was brought to its notice that he was a chronic tuberculosis patient, his wife had cancer and his son was disabled.
A division bench of Justices N Paul Vasanthakumar and K Ravichandrabaabu, converting the removal of P C Damodaran from service into a case of compulsory retirement as it would entitle him to full pension benefits, noted that in spite of narrating the status of his family, the appellate authority and revisional authority (CISF) have not chosen any sympathy.
"Considering the peculiar facts of the case, as well as 31 years of service rendered by him, now aged 55, and also the nature of charges levelled against him, namely over-staying after medical rest, which is not wilful, we are of the view this is a fit case to interfere with the proportionality of punishment, as the punishment imposed is excessive."
Damodaran joined CISF as 'constable dobhi' in February 1978 and completed 31 years of service when he chose to avail of medical leave for 310 days from October 2009 to August 2010 for his TB treatment.
Stating that he had received several reward certificates from top CISF officers, Damodaran said he could not attend duties due to ill-health. However, his long leave was viewed seriously by the authorities who issued him a charge memo in March 2010. He was later removed from service and the punishment was confirmed in two appeal proceedings in the department.
In his petition, Damodaran said he had TB, his wife was battling bone cancer, their one son was disabled, his father was deaf and blind and his mother too had some heart ailments. His whole family, including his other children, were dependent on his income, the petition said.
Though he submitted all medical records to prove his ailment and treatment, he was removed from service. If the punishment was mofidied into one of compulsory retirement, he would be eligible for terminal benefits, he stated.
CISF counsel said Damodaran had been punished earlier for indiscipline and he had been punished at least 10 times.
The judges said Damodaran had furnished enough evidence for his suffering and all he wanted was compulsory retirement, which was reasonable. They directed authorities to pay him his terminal benefits within four weeks.
