Digitally signed by ASHISH ASHISH TIWARI TIWARI Date:

2025.04.21

18:45:27 +0530

2025:CGHC:10540 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(S) No. 6665 of 2016 Kirtipal Singh, S/o Yashpal Pawar, aged about 30 Years, R/o Gali No. 07, Ganga Vihar, R.C.C. Road, Post New Mandi, District Mujaffarnagar Uttar Pradesh, Presently Residing At C I S F Unit B S P, Bhilai, District Durg, Chhattisgarh, Chhattisgarh ---- Petitioner Versus

1. Union of India Through The Secretary, Department Of Home Affairs, Secretariat, New Delhi,Delhi

2. Director General, Central Industrial Security Force, Block No. 13, C.G.O.

Complex, Lodhi Road, New Delhi., District : New Delhi, Delhi

3. Deputy Inspector General, Central Industrial Security Force, Unit Bhilai Steel Plant, Bhilai, Distt. Durg, Chhattisgarh, District : Durg, Chhattisgarh

4. Senior Commandant, Administration, Central Industrial Security Force, Unit Bhilai Steel Plant, Bhilai, Distt. Durg, Chhattisgarh, 5. Assistant Commandant Administration, Central Industrial Security Force, Unit Bhilai Steel Plant, Bhilai, Distt. Durg, Chhattisgarh, --- Respondents For Petitioner : Ms. Vaishali Jaiswani, Advocate.

For Respondents : Shri Ramakant Mishra, Deputy Solicitor General of India.

Hon'ble Shri Justice Sachin Singh Rajput

Order on Board

17/04/2025

1. This writ petition has been filed by the petitioner seeking for the following relief :

(10.1) To issue a writ in the nature of certiorari quashing impugned orders dated (Annexure P/1, P/2 & P/3).

(10.2)To issue a command directing the respondents to call for the records pertaining to the present petition.

(10.3) Any other relief deemed fit in the facts and circumstance of the case.

2. Brief facts of the case are that the petitioner was working as Sub Inspector, CISF, Bhilai Steel Plant at the relevant point of time. On 06.09.2015, the respondent No.5 issued a charge sheet against the petitioner proposing to conduct an enquiry under Rule 37 of Central Industrial Security Force, Rules 2001 alleging that without any intimation to the Higher Official’s, he appointed Assistant Sub Inspector - B.L. Palango and posted himself at Plant No.1 (Sayantra) as Shift Incharge whose intimation was not granted to the Assistant Commandant. It is further alleged that he was present outside the Boriya Gate on 19/06/2015 from 15:00 hours to 16:30 hours after completion of the duty. During his presence outside the Boriya Gate five unit nuts amounting to Rs.65,00,000/- (Sixty Five Lakhs) taken out unauthorized from the H.S.CL. Gate (Boriya Gate) and no information was received by him which goes to show cross-negligence and violation of the order from the Higher Official’s. Further case is that after receiving the charge-sheet the petitioner submitted reply on 11/10/2015 (Annexure – P/5). The allegation in the charge-sheet is refuted by the petitioner in the reply and it has been observed that the charges has been leveled upon the petitioner is without any basis and substance. Thereafter, the Disciplinary Authority respondent No.5 vide impugned order dated 12/11/2015 (Annexure-P/1) imposed penalty of downgrading one increment without cumulative effect against the petitioner. Against this order the petitioner preferred statutory appeal under Rule 46 of CISF Rules, 2001 before the Respondent No. 4. The Appellate Authority (Respondent No. 4) vide it’s order dated 13.01.2016 (Annexure P/2) dismissed the appeal preferred by the petitioner. Against which, the petitioner preferred a revision under Rule 54 of CISF, Rules 2001 before the respondent No.3, which has also dismissed vide Annexure - P/3 dated 29/02/2016. Against which challenging this three orders, the present writ petition has been filed.

3. Learned counsel for the petitioner submits that for purpose of holding the petitioner guilty of the alleged charge, no documents or statements of the witnesses were provided to the petitioner along-with the charge-sheet, therefore it is case of no evidence and the impugned orders have been passed in