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* IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 29.10.2025

Judgment pronounced on:17.12.2025

+ W.P.(C) 1499/2023

M GANGI SETTY .....Petitioner

Through: Mr. Nikhil Bhardwaj, Adv.

versus

UNION OF INDIA AND ORS .....Respondents

Through: Ms. Pratima N. Lakra, CGSC with Mr. Shailendra Kumar Mishra, Ms. Kanchan Shakya, Mr. Shivansh Bansal and Mr. Priyam Sharma, Advs. for UOI with Insp. Prahalad Devenda, CISF and SI. Atul Sen,

CISF.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR

HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

JUDGMENT

% 17.12.2025

OM PRAKASH SHUKLA, J.

1. The petitioner has filed the present writ petition under Article 226 of the Constitution of India praying for: (i) quashing and setting aside of dismissal order dated 21.09.2020 passed by the Group Commandant, Central Industrial Security Force, Signature Not Veri 1 f i“eCdISF”, hereinafter, appellate order dated 25.01.2021, and order dated 10.01.2022 whereby the revision petition was rejected by the Assistant Commandant, CISF; (ii) a direction to the respondents to reinstate the petitioner to service with consequential benefits; (iii) quashing and setting aside the charge sheet dated 14.04.2020; (iv)

directing the respondents to take disciplinary action against Respondent Nos. 6 and 7 for beating the petitioner.

FACTUAL MATRIX

2. The facts leading up to the filing of the present petition are that the petitioner was recruited in the CISF on 15.07.1986. He rendered his services for almost 34 years and was serving as a Constable (General Duty) in the CISF at the time of the alleged incident. The petitioner was deployed for duty at the Ahirwadi Watch Tower of SSTPP Solapur plant with a lathi.

3. On the morning of 02.04.2020, the petitioner reported to the Watch Tower for a 12-hour shift from 6 am to 6 pm. During the course of his shift, around afternoon, an inspection was carried out by a unit vigilance committee comprising Assistant Commandant (Executive)2 Malkeet Singh, Inspector (Executive), “Insp/Exe”, hereinafter F.B. Kinikar, and Head Constable (General Duty), Signature Not Veri 4 f i“eHdC/GD”, hereinafter R. Kamate. During the personal search of the petitioner, he was found in possession of a mobile phone and a bag containing personal documents while on duty. It is stated that these items were confiscated by the team as they were prohibited while on duty as per the Standing Order dated 29.07.2017.

4. Upon such discovery and consequent confiscation, as recorded in the dismissal order, the petitioner allegedly became agitated, thereby, a

2 “AC/Exe”, hereinafter

scuffle ensued between the petitioner and the members of the vigilance committee. The details surrounding the scuffle are disputed by both sides. The petitioner sustained injuries and was initially taken to NTPC Kotnis Hospital and thereafter shifted to Ashwini Sahakari Rugnalaya, Solapur, where a CT scan revealed that the petitioner had suffered a scalp hematoma and a nasal fracture. He was discharged on 04.04.2020 and subsequently visited for a follow-up as an outdoor patient on 11.04.2020, whereupon the following injuries were noted: “blunt head injury, facial injury, fracture nasal bone”.

5. It is pertinent to mention that in the meanwhile, the petitioner was placed under suspension from the day of the inspection itself, with immediate effect, vide order dated 02.04.2020 issued by Assistant Commandant, CISF. Thereafter, on 14.04.2020, the petitioner was charged with the following offences under Rule 36 of the CISF Rules, 2001:

“Article of Charge -I CISF No. 864502232 Const/GD M Gangi Setty of CISF Unit SSTPP Solapurwas deployed for 12 hours duty on 02.04.2020 from 0600 hrs to 1800 hrs at Ahirwadi Watch Tower of SSTPP Solapur plant. In the course of checking of duty posts of the Plant, the Unit vigilance committee, consisting of AC/Exe Malkeet Singh, CISF No.872244212 Insp/Exe F.B. Kinikar and CISF No. 943190288 HC/GD R Kamate, visited Ahirwadi Watch Tower duty post at about 1315 hrs. During checking of the duty post and fr