IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.09.2022 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.30413 of 2014 Raj Kumar ...Petitioner Vs.

1.Union of India, Represented by its Secretary to the Government, Department of Home Affairs, New Delhi.

2.The Director General, CISF Head Quarters, No.13, C.G.O.Complex, Lodhi Road, New Delhi – 110 003.

3.The Inspector General, CISF Head Quarters South Sector, Chennai Port Trust Campus, Near War Memorial Chennai – 600 009.

4.The Deputy Inspector General, CISF Head Quarters South Zone, 'D' Block first floor, Rajaji Bhavan, Besant Nagar, Chennai – 600 090.

5.The Commandant, CISF Unit BDL Kanchanbhag, District: Rangareddy State: Andhara Pradesh – 500 058.

6.The Assistant Commandant, CISF Unit BDL Kanchanbhag, District: Rangareddy, State: Andhra Pradesh – 500 058. ..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for record relating to the order passed by the 4^th respondent in his order No.V- 11014(1)/04/Rev./MKM/SZ/2014-4504 dated 27.06.2014 and modifying the order of the 5^th respondent in No.V-15014/BDL(KB.)/RK- APPEAL/2014/888 dated 21.02.2014 and 6^th respondent in his final order No. V-15014/BDL/Disc-RK/(11) 37/2013-7991 dated 28.12.2013 and to quash the same and to direct the respondents to cancel the three day pay fine and to regularize the treatment period from 21.10.2013 to 29.11.2013 as eligible leave for all purposes and to pay all monetary benefits and other service benefits.

For Petitioner : Mr.A.S.Mujibur Rahman For R1 to R6 : Mr.G.Ilangovan Central Government Standing Counsel

ORDER

The minor punishment of “Three days pay fine” imposed on the writ petitioner by the respondents is under challenge in the present writ petition.

2. The writ petitioner joined as Constable/GD on 31.05.2010 in Central Industrial Security Force. While he was working at CISF Unit BDL Kanchanbhag of Hyderabad, a charge memo under Rule 37 of the CISF Rules was issued, stating the allegation that the petitioner of CISF Unit BDL Kanchanbhag Hyderabad was sanctioned 08 days Casual Leave by the competent authority with effect from 07.10.2013 to 20.10.2013 with eligible permission for his self engagement vide leave certificate dated 03.10.2013 and was directed to report back for duty on 21.10.2013, after availing sanctioned leave. However, the petitioner failed to do so and overstayed on leave for 40 days with effect from 21.10.2013 to 29.11.2013 and reported for duty on 30.11.2013. During the said period of overstayal, the petitioner declined to receive the calls up notices No.6043 dated 23.10.2013, 6392 dated 04.11.2013, 6511 dated 12.11.2013 and 6708 dated 23.11.2013 from postal authorities causing the calls up notices to be returned to the unit undelivered by postal authorities with endorsement that addressee refused to receive the same. The said act on the part of the enrolled member of the Force amounts to gross misconduct, indiscipline and lack of devotion to duties being member of an Armed Force of the Union.

3. Since the disciplinary proceedings were initiated under the minor charges, the petitioner was provided with an opportunity to submit his explanations on the allegations. The petitioner defended his case and submitted documents to establish that he overstayed on account of certain extraordinary circumstances and due to his ill health. The learned counsel for the petitioner reiterated that the documents submitted by the writ petitioner were not considered by the disciplinary authority and the disciplinary authority imposed the penalty of withholding of one increment for a period of one year, which will not have the effect of postponing his future increment of pay.

4. The learned counsel for the petitioner contended that the Medical Certificates and other corroborating documents submitted by the writ petitioner were not considered in a right perspective by the competent authorities and they have form