IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.01.2024 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.1395 of 2024 and W.M.P.No.1421 of 2024 Manjit Singh Rathore ... Petitioner -Vs-

1. The Inspector General, Central Industrial Security Force, APS-II Head Quarters, North Bengaluru, Karnataka-562 157.

2. The Deputy Inspector General, Central Industrial Security Force, APSZ Head Quarters, Rajaji Bhavan, Besant Nagar, Chennai-600 090.

3. The Senior Commandant, Central Industrial Security Force Unit, IGSTPP, Jharli, Jhajjar District, Haryana-124 106. ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned orders passed by the first respondent dated 16.11.2023 in his order V-11014/APS- 2/VVANI/Rev.(20/23)/MSR/2023/9536 confirming the orders of the second respondent dated 31.01.2023 in his order No.V-15014/CISF/ASG (Ch)/Disc/Appeal (MSR)/2022/870/E and confirming the order of 3^rd respondent dated 02.07.2016 in his order No.V-15014/CISF/ASG (Ch)/Disc/MAJ-04/MSR/ /2016/2281 and quash the same and direct the respondents to pay all monetary and consequential service benefits to the petitioner.

For Petitioner : Mr.R.Thiyagarajan For Respondents : Mr.V.Ashok Kumar CGSC

ORDER

This writ petition has been filed challenging the order passed by the first respondent dated 16.11.2023, confirming the order passed by the second respondent dated 31.01.2023, thereby confirmed the order passed by the third respondent dated 02.07.2016, thereby imposed punishment of reduction of pay to the lowest stage of Rs.8560/-+ GP Rs.2800 in the pay band of Rs.5200-20200/-+GP Rs.2800/- for a period of three years with immediate effect with further direction that he will not earn increment of pay during the said period of reduction and on expiry of the said period the reduction will have the effect of postponing his future increments of pay.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner, while was serving under the third respondent in the year 2016, as a Sub Inspector in the unit of Aviation Security Group, was served with a charge memo consisting of two charges which are as follows:-

“ Article of Charge-I:-

CISF No.130405944 ASI/Exe Manjit Singh Rathore (under suspension) of CISF Unit, ASG Chennai was detailed for 'A' Shift duty at X-BIS No.1 in NIT SHA from 0500 hrs to 1200 hrs on 05.05.2016 at about 1016 hrs he left his duty post unauthorisedly without any competent orders from Senior Officers i.e. Floor in-charge X-BIS office and Shift In-charge (GO I/c). The above act on the part of No.130405944 AS/Exe Manjit Singh Rathore (under Suspension) tantamount to gross indiscipline, neglect of duty, Hence, the charge.

Article of Charge-II:-

CISF No.130405944 ASI/Exe Manjit Singh Rathore (under suspension) of CISF Unit, ASG Chennai was detailed for 'A' Shift duty on 05.05.2016 from 0500 hrs to 1200 hrs at X-BIS No.1 in NIT SHA was found following a lady foreign pax with misguided intentions which is an unbecoming act on the part of ASI/Exe Manjit Singh Rathore being a member of the force. Hence the charge.”

4. After submitting the explanation by the petitioner, the third respondent ordered for domestic enquiry and appointed an Enquiry Officer. The Enquiry Officer conducted an enquiry and submitted its report to the third respondent on 29.06.2016, thereby held both charges as proved. After giving opportunity to submit explanation from the petitioner, passed order thereby awarding punishment of reduction of pay to the lowest stage of Rs.8560/-+ GP Rs.2800 in the pay band of Rs.5200-20200/-+GP Rs.2800/- for a period of three years with immediate effect with further direction that he will not earn increment of pay during the said period of reduction and on expiry of the said period the reduction will have the effect of postponing his future increments of pay.

5. Aggr