IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.SARAVANAN, J.
D. Bernand – Appellant
Versus
The Union of India, Rep. by Secretary, Ministry of Home Affairs, New Delhi – Respondent
W.P. No. 17364 of 2025, W.M.P. Nos. 19684, 19685 of 2025
Decided On : 17-02-2026
| Table of Content |
|---|
| 1. petition filed under article 226. (Para 1) |
| 2. impugned order passed challenging the liquor distribution. (Para 2 , 3 , 4) |
| 3. reference made to kerala high court decision. (Para 5) |
| 4. kerala high court holds discrimination against cisf personnel. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 5. on par with other capfs for liquor distribution. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 6. writ petition allowed. (Para 28) |
ORDER :
1. In this Writ Petition, the Petitioner has challenged the impugned Order dated 27.03.2025 passed by the 3rd Respondent/Director General, whereby the request of the Petitioner for sale and supply of liquor through Central Industrial Security Force (CISF) canteen under Centralized Liquor Management System (CLMS) has been denied to the Petitioner's Association.
2. Relevant portion of the impugned Order dated 27.03.2025 passed by the 3rd Respondent/Director General is reproduced below:-
“7. As regards the plea of the petitioners that all the retirees have to be treated uniformly and that CISF should share the data of retirees with the ITBP, the Nodal Agency of CLMS, it is reiterated that as per its consistent and long-standing policy of not issuing liquor to its personnel, the CLMS has not been introduced in CISF. The same decision was also conveyed to the ITBP (Nodal Agency), MHA and Welfare & Rehabilitation Board (WARB) vide CISF Directorate letter No. (16979-E) Dated 23.06.2021, UO No. (15747-E) Dated 28.05.2021 and letter No. (27551-E) Dated 25.01.2022 respectively. Here it is pertinent to mention that CISF is deployed for providing security to India's most critical infrastructure/facilities like nuclear installations, space establishments, airports, seaports, power plants, refineries, Parliament House Complex & other important Government Buildings, iconic heritage monuments like Taj Mahal, Delhi Metro, etc., where there is not only large public interface but also heightened threats being strategic and high-value infrastructure of the country. There is also threat to the public safety as huge quantities of hazardous chemicals and inflammable gases are stored in many of these installations. Any security breach in these installations have national as well as international ramifications. Also, the size of the CISF Units range from 16 to 12463, at times its personnel staying in rented/hired accommodation interspersed along with the general public. Not issuing liquor to the CISF personnel is thus, a policy decision which has been taken, keeping in view the nature of its duties, responsibilities and varied formations unlike other forces who are organized on a fixed battalion pattern. In this context, any dilution in this policy is not desirable. Further, any extension of the facility to the retired personnel is likely to lead to competing demand from the serving personnel which will be prejudicial to the sensitive security duties of CISF
08. As regards the contention of the petitioners that the ITBP is ready to issue liquor to CISF retirees and the data of retirees of CISF should be shared with the ITBP, it is re-iterated that it will not only be against the long-standing policy of CISF, but also prejudicial to the security of strategic/high value installation of the country. As regards the plea that the ADG (HQr) ITBP, the Nodal Officer for implementation of CLMS not able to complete the assigned job for want of data from all CAPF, it is stated that ADG (HQr), ITBP has already been informed vide CISF Directorate letter No. (16979-E) Dated 23.06.2021 that the CISF may not be included in the CLMS proposal. The MHA has also been informed vide UO No. (15747-E) dated 28.05.2021 that there does not seem to be any genuine need or serious justification for the implementation of CLMS in CISF.
09. As regards the contentions of the petitioners that all the retirees should be treated uniformly and that it is policy decision taken by the Government of India to provide liquor to the ret
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