IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE PRESENT:

THE HON’BLE ANANYA BANDYOBADHYAY WPA 10752 of 2021 Manoj Kumar Bisoyi -Vs.-

Central Industrial Security Force & Ors.

For the Petitioner : Mr. Prodyut Banerjee Mr. Dhrubaraj Bhowmik Mr. Ankit Misra For the Respondents : Mr. Rudra Jyoti Bhattacharjee Ms. Debjani Ghosal Heard On : 13.11.2024, 19.12.2024, 17.03.2025, 28.03.2025 Judgment on : 15.05.2025 Ananya Bandyopadhyay, J.:-

1. In the instant petition, the petitioner had challenged the memorandum and article of Charge No. V- 15015/CISF/BRBNMPL/RULE-37/2020- 7850 dated 15.09.2020 and the ex-parte order No. V- 15015/CISF/BRBNMPL/RULE-37/2020-9742 dated 12.11.2020 which had been issued bereft of essential documents, depriving him to reply appropriately. He further prayed for the documents to be furnished in reference to Memorandum and Article of Charge No. V- 15015/CISF/BRBNMPL/RULE 37/2020-7850 dated 15.09.2020 and to afford an opportunity to prepare and present his reply. Furthermore, a direction to adjudicate the matter de-novo with cancellation of its Order no upon ex-parte V-15015/CISF/BRBNMPL/RULE 37/2020-9742

12.11.2020.

2. The petitioner had been a constable of Central Industrial Security Force (hereinafter referred to as 'CISF). The petitioner had been deployed on various train consignments (Lucknow, Delhi, Chandigarh and Jaipur) from 19.06.2020 to 25.06.2020 and had returned to his unit on 25.06.2020 and was quarantined in barrack till 08.07.2020 as per the prevalent Government guidelines on Covid-19.

3. The petitioner noticed serious irregularities involving violation of Covid-19 guidelines and had informed the same to his senior officers, which were not accepted in its proper perspective and was condemned on 09.07.2020, by the CISF authority directing the petitioner to report for IS duty at Jammu & Kashmir releasing him from the posting at Salboni, Purba Medinipur, West Bengal on 10.07.2020.

4. The CISF authority had postponed the aforesaid transfer to 28.08.2020 and had communicated the same vide its office letter E37014BRBMNL(S)/ADM-II/ISD/2020/6196 dated 15.07.2020. Subsequently the CISF authority had issued another direction on 18.07.2020 wherein the petitioner had been directed to report for IS duty at Jammu & Kashmir.

5. On receipt of the aforesaid letter, the petitioner had pointed out certain irregularities vide his letter dated 18.07.2020 to the respondent no. 3 which was not replied to, convincing the petitioner with an impression of not being transferred.

6. On 15.09.2020, the petitioner received a Memorandum bearing No. V-

15015/CISF/BRBNMPL/RULE - 37/2020-7850 along with an Article of Charge wherein a disciplinary action was initiated by the CISF authority for alleged of violation of employment conduct and disobedience.

7. The petitioner was incapacitated to provide suitable explanation/ reply Memorandum and Article of Charge for non-provision of necessary documents. Since he could not submit his reply/defence within time due, the respondent no. 2 had passed an ex-parte Order against the petitioner bearing number 15015/CISF/BRBNMPL/RULE V-37/2020-9742 dated

12.11.2020, imposing punishment of "censure" against the petitioner.

8. Consequently, the petitioner prayed for a writ in the nature of a mandamus commanding the respondents and each one of them to cancel and forbear from giving effect to the disciplinary proceedings initiated vide Memorandum and Article of Charge No. V- 15015/CISF/BRBNMPL/RULE-37/2020-7850 dated 15.09.2020, the ex parte order No. V-15015/CISF/BRBNMPL/RULE-37/2020-9742 dated 12.11.2020; and on an alternate to issue writ in the nature of Mandamus commanding the respondents to furnish the copies of all the documents referred in the Memorandum and Article of Charge No. V- 15015/CISF/BRBNMPL/RULE 37/2020-7850 dated 15.09.2020 and to afford an opportunity to the petitioner to furnish his reply within any period permitted by this Hon'ble Court from the date of receipt o