$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 13.01.2026 + W.P.(C) 2857/2020, CM APPL. 9941/2020 ASI ANWAR HUSSAIN .....Petitioner Through: Mr. Ajay Sharma, Adv.

versus CENTRAL INDUSTRIAL SECURITY FORCE AND ORS.

.....Respondents Through: Mr. Rajesh Kumar, SPC, Ms. Pragya Yadav, Advs. Mr. Sanjay Kumar, (Insp. CISF, FHQ), Mr. V S Rawat (Asst. Commandant, CISF)

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL

1. This petition has been filed by the petitioner with the following prayers:-

“a. Issue a writ, order or direction in the nature of in the nature of certiorari thereby quashing the order dated 20.09.2019 passed by the Respondent no. 1 and further more Issue a writ of mandamus upon the Respondents for granting appropriate relief in the nature of promotion to protect the Interest of justice.”

2. In substance, the petitioner is challenging the order dated 20.09.2019 whereby the Director General (“DG”), Central Industrial Security Force (“CISF”) in exercise of his powers has decided the mercy petition of the petitioner against the order passed by the Inspector General, Northern Sector modifying the penalty imposed on the petitioner, that of reduction of pay by one stage from Rs. 34,900/- to Rs. 33,900/- as per matrix level 5 in the scale of PB-I, 5200-20200 + Grade Pay 2800/- for a period of one year with immediate effect. It was further directed that he would earn increments of pay during the period of reduction and that on expiry of this period, the reduction would not have the effect of postponing his future increments of pay.

3. It may be stated here that the petitioner was enrolled in CISF on 12.11.2011. While working in CISF, he was sanctioned 11 days leave between 13.10.2016 to 23.10.2016 by the respondents. It is the case of the petitioner that while staying at his home on leave, he suffered from Kidney problem. The petitioner had consulted an Ayurvedic Doctor at his native place at Bhilwara, Rajasthan. On 23.10.2016, the petitioner made a call to the control room of respondent no.3 intimating them about his deteriorated health condition because of which he is not in a position to rejoin his unit on the day as approved by respondent no. 3. He also requested the respondent no.4 to grant him an additional leave of ten days.

4. It is his case that the relevant medical prescriptions from the office of Government District Ayurvedic Hospital, Bhilwara were also sent to the respondents. There is no dispute that on 16.12.2016, the petitioner reported for duty. It is noted that a charge-sheet was issued to the petitioner under Rule 36 of the Central Industrial Security Force Rules, 2001 (CISF Rules, 2001) wherein the following articles of charge were framed against the petitioner:-

“CHARGE-ONE”

“ASI/ Exe. Anwar Hussain posted in CISF unit oil Dul FS-1 is charged that he remained absent from duties intentionally since 25.10.2016 and 16.12.2016 total 53 days without any prior permission on leaves, which is more than the permitted casual leaves. Hence it amounts to his malpractice, indiscipline and dereliction in Government Duties to remain absent from duty with the prior permission to leave of competent officer, being the member of disciplined force. Hence charged.” “CHARGE-SECOND”

“ASI/Exe. Anwar Hussain posted in CISF unit oil Dul. /FS-1 is charged that during his short services in CISF, was punished with one minor Punishment even then ASI/Exe. Anwar Hussain remained unable to refer in himself in service which amounts his dereliction and indiscipline in duty being himself as the member of CISF Subordinate Officer.”

5. Be that as it may, vide order dated 17.06.2017 the said charge-sheet resulted in a penalty of reduction of pay by one stage from Rs.34,900/- to Rs.33,900/- as per pay matrix level-5 in the scale of PB-I, 5,200-20,200 + Grade Pay of 2800 for a period of one year with immediate effect, with further directions that he will not earn increment