$~109 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 19.01.2026 + W.P.(C) 4995/2022 KAILASH MANDAL .....Petitioner Through: Mr. P. Sureshan, Adv.

versus DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE & ORS. .....Respondents Through: Mr. Farman Ali, SPC CORAM:

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

1. The present petition lays a challenge to the final order No.1639 dated 08.03.2020 passed by the Senior Commandant, CISF Unit, Kistwar; Appellate Order No.4867 dated 23.06.2020 passed by the DIG, CISF Northern Region-2, Jammu and the Review Order No. 3254 dated 28.4.2021 passed by the Inspector General, CISF Northern Sector, Head Quarters, New Delhi whereby the petitioner had been punished with a major penalty of removal from service with immediate effect and the remedy of appeal and review were answered against the petitioner.

2. The petition has been filed with following prayers:-

“a) To quash and set aside the final order final order No. 1639 dated 8.03.2020 passed by the Sr. Commandant, CISF Unit, Kistwar, appellate order No.4867 , dated 23.06.2020 passed by the DIG, CISF Northern Region-2, Jammu and the revisional order No. 3254 dated 28.4.2021 passed by the Inspector General , CISF Northern Sector , Head Quarter, New Delhi whereby the petitioner had been punished with a major penalty of "Removal From Service with immediate effect”

b) Pass an order by exonerating the petitioner from all charges issued to him vide memorandum of charge dated

21.5.2019.

c) Direct the respondents to re-instate the petitioner with all consequential benefits including back wages, increments, seniority etc.

d) Direct the respondents to pay cost of this litigation to the petitioner.”

3. The brief facts of the case as culled out from the petition are that the petitioner joined the Central Industrial Security Force (CISF) as Constable/ GD and completed his initial training at RTC Barwaha on 21.03.2017. After completing the training, the petitioner was transferred to CISF Unit 7^th Battallion Kistwar. On 21.05.2019, the petitioner was issued with a charge memorandum stating that, he had given wrong information in Para No 12 of the Attestation Form, in respect of pendency of criminal case. On 31.05.2019, the petitioner submitted his reply to the charge memo by denying the allegations. The petitioner in his reply had stated that on account of an inadvertent error, the mistake happened and the same was unintentional. The disciplinary authority had appointed Asst. Commandant Shri. M. Johnson Singh as inquiry officer to conduct the proceedings.

4. The inquiry officer submitted the inquiry report to the disciplinary authority. The disciplinary authority after agreeing with the findings of the inquiry officer had on 15.07.2019 furnished a copy of the same to the petitioner, and directed him to submit his response to the inquiry report within fifteen days. The petitioner submitted his response on 17.7.2019. The disciplinary proceedings were later kept in abeyance for the confirmation from the Force Screening committee, Northern Sector. On 06.03.2020, the confirmation was received resulting in continuance of disciplinary action against the petitioner. Accordingly, the final order was passed by the disciplinary authority whereby, the petitioner was removed from service vide order dated 08.03.2020.

5. The petitioner had, on 30.03.2020, filed an appeal against the final order passed by the disciplinary authority to the DIG, by raising infirmities and defects in the inquiry and also by stating that the findings are perverse, harsh and not in consonance with the settled legal principles. By final order dated 23.6.2020, the appeal was rejected.

6. On 28.4.2021, the revision petition challenging the order passed by the Appellate Authority was dismissed by the IG, CISF, Northern Sector, New Delhi.

THE CASE OF THE PETITIONER

7. Mr. P. Sureshan, learned counsel for the petitioner submits that the r