Difficult To Co-Exist Without Integrity & Honesty: Madras High Court Upholds Dismissal Of CISF Personnel For Using Another Person's ATM Card Without Permission

Justice RN Manjula noted that though there was no previous similar instance, a charge of this nature was so severe and serious, that no soft approach could be taken. The court observed that taking away someone's ATM card for withdrawing money without his permission was nothing but stealing money and thus, the dismissal from service was appropriate.

“The members of the CISF force are staying in one hall with beds next to each other. In such close proximity of the circumstances involved in the service conditions attached to CISF, if a member of this service does not have the utmost integrity and honesty, it is difficult for others to co-exist with a person who has such blemishes. Heavy punishment below than dispensing the service of such persons would be harmful to the very department which had engaged his service,” the court observed.

The petitioner, Uma Kant had approached the court challenging the order of the Inspector General CISF confirming his dismissal from service. He informed the court that he had used the ATM card of another CISF constable only with the intention of using it for his emergency and had also used it on previous occasions also at his instruction.

Uma Kant submitted that he had received a call from his parents informing him about a medical emergency for which he needed money and there was no ill intention on his part to withdraw the money. He submitted that he had suppressed the fact only due to the psychological effect of fear and later admitted the truth.

The court remarked that it could not dwell on the merits of the findings of the authority and noted that the petitioner's submission shows his admission of using the ATM card without permission. The court noted that the act of using the ATM card without permission was nothing but stealing money.

Though the petitioner submitted that his past records were not considered, the court noted that due to the gravity of the offense, it was immaterial to look into his records. Further, when the petitioner also sought the court to show some indulgence as he was in his early years of service, the court observed that the gravity of the offense outweighed the other circumstances.

Thus, finding no merits, the plea was dismissed.

Counsel for Petitioner: Mr.R.Thiyagarajan

Counsel for Respondent: M/S.R.Sidharth, CGC

Citation: 2024 LiveLaw (Mad) 216

Case Title: Uma Kant v The Inspector General

Case No: W.P. No.1898 of 2021