2024:CGHC:37607 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No.5789 of 2014 Judgment reserved on : 05.08.2024 Judgment delivered on : 24.09.2024

1 - Munna Prasad Mishra, S/o Durga Prasad Mishra, Aged About 54 Years, Ex-Sub Inspector, Central Industrial Security Force, Bhilai Steel Digitally Plant, Bhilai, R/o Village Khaijara Mafi, Post Bilhara Raja, PS Surakhi, signed by RAMAKANT NIRALA Dist Sagar, MP, Present R/o Sabji Bazariya Rajakhedi, PS Padmakar Nagar, Makroniya Sagar, Dist Sagar, MP Petitioner versus

1 - Union Of India through The Secretary, Ministry Of Home Affairs, New Delhi

2 - Commandant, Central Industrial Security Force (Home Ministry)

Bhilai Steel Plant, Bhilai, PS Bhilai, Dist Durg, CG

3 - Government Of India Through Deputy Inspector General, Central Industrial Security Force, Ministry Of Home Affairs, CISF Unit, Bhilai Steel Plant, Bhilai, PS Bhilai, Dist Durg, CG

4 - Inspector General, Central Industrial Security Force (Home Ministry), Central Industrial Security Force Campus, Sector No.35, Kharghar, Navee Police Station Mumbai, Mumbai, Maharashtra Respondents For Petitioner : Mr. S. C. Verma, Senior Advocate with Mr.

Manharan Sahu and Ms. Priya Mishra, Advocates For Respondents : Mr. Ramakant Mishra, DSG Hon’ble Smt. Justice Rajani Dubey

C A V Judgment

1. The petitioner has preferred the present writ petition praying for the following reliefs:-

“10.1 That, this Hon'ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing the respondents to reinstate the petitioner with full backwages as the petitioner is not committed mistake and his termination is absolutely illegal and unsustainable.

10.2 That, this Hon'ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing the respondents to submit all the records of the petitioner related with his service career.

10.3 That, this Hon'ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing the respondents to investigate the matter of the petitioner in appropriate agency or authority regarding filing of his certificates well within time and also the non-consideration of those applications and documents by the respondents- authorities.

10.4 That, this Hon'ble Court may be kind enough in issuing a writ in the nature of mandamus, certiorari or likewise any other appropriate writ, commanding and directing the respondents to permit the petitioner for joining of the services with immediate effect, so that the respondents may not be permitted to say that for no work the petitioner is not entitled for payment, especially in the circumstances when the petitioner is terminated without following the basic principles of natural justice and provision of the Act, 1968 and Rule, 1969.

10.5 Any other relief, which the Hon'ble Court deems fit and proper looking to the facts and circumstances of the case, may also be granted.”

2. Brief facts of the case are that the the present petitioner was initially appointed on the post of Sub Inspector under the Central Industrial Security Force (CISF). In the year 1994 the petitioner took 9 days leave and in between he informed to the Department that due to physical ailment he was unable to resume the services, but the same was not accepted and telegram was also sent to the petitioner at his village address, which was not received by the petitioner, as he was in some other place, thereafter a show cause notice was issued on 06.06.1994, which was replied by the petitioner, thereafter departmental enquiry was conducted against the petitioner and the services of the petitioner were terminated vide order dated 25.02.1996 vide Annexure-P/35, against which the petitioner filed writ petition before this Court which was registered and numbered as W.P. No.5098/1998 and vide order dated 13/09/2013