BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.08.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.A(MD) No.1051 of 2020 S.Balakrishnan ... Appellant / 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 DAE Head Quarters Western Sector, CISF Campus Sector-35 Taloja, Kharghar Navi Mumbai-410 210. 4.The Deputy Inspector General, CISF DAE Head Quarters, Post ECIL Hyderabad-62, State:Andhra Pradesh-500 062.

5.The Commandant, CISF Unit DAE Kalpakkam, DAE Township Kalpakkam, District: Kancheepuram, Tamil Nadu-603 102. ... Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order of the learned single Judge vide order dated 28.01.2020 made in W.P.(MD)No.6851 of 2011 and to direct the respondents to release increments reduced by the final order of the disciplinary authority.

For Appellant : Mr.K.MD.Sirajudeen for Mr.K.Vadivelu For Respondents : Mr.K.Gokul Standing Counsel for R1 to R5

JUDGMENT

(Judgment of the Court was made by G.R.SWAMINATHAN, J.)

The appellant herein has filed this writ appeal questioning the order dated 28.01.2020 passed by the learned single Judge dismissing W.P.(MD)No.6851 of 2011 filed by him.

2. The appellant joined CISF on 05.05.1997 as constable. He was working at Pazhayakayal Unit in the year 2009. He was issued with charge memo dated 24.10.2009. It contained the following articles of charge.

“That No.974470939 Constable S.Balakrishnan of CISF Unit, ZC/NFC Pazhayakayal on 23.09.2009 at about 11 40 hrs impersonating as labour of ZC/NFC Pazhayakayal made false allegations of corruption and illegal gratification against his senior Inspector S S Verma of CISF Unit ZC/NFC, Pazhayakal to the Deputy Inspector General, CISF DAE through his personal cell Phone No.948887918 and thereby exhibited an act of grave indiscipline and gross misconduct, most unbecoming of an enrolled member of the Force.”

The appellant denied the charge. Thereupon, enquiry was conducted. The appellant was given full opportunity to defend himself. In support of the charges, as many as four witnesses were examined. The enquiry officer rendered a finding that the charge framed against the appellant stood established. Copy of the enquiry report dated 13.03.2010 was served on the appellant. After getting the appellant's further representation, the disciplinary authority vide order dated 29.03.2010 confirmed the finding of guilt and imposed the following punishment of reduction of pay by two stages with cumulative effect:- “9. I therefore, in exercise of powers conferred upon me under Rule 32 read with Schedule-I in conjunction with Rule-34(v) of CISF Rules, 2001, award the penalty of “REDUCTION OF PAY BY 2 STAGES FROM RS.7910/- + RS.2000/- (GRADE PAY) TO RS.7340/- + RS.2000 (GRADE PAY IN THE PAY BAND RS.5200/-20200+2000) (GRADE PAY) FOR A PERIOD OF 3 YEARS WITH EFFECT FROM THE DATE OF RECEIPT OF THIS ORDER. IT IS FURTHER DIRECTED THAT HE WILL NOT EARN INCREMENTS OF PAY DURING THE PERIOD OF REDUCTION AND THAT ON EXPIRY OF THIS PERIOD, THE REDUCTION WILL HAVE THE EFFECT OF POSTPONING HIS FUTURE INCREMENT OF PAY” on No.974470939 Constable S.Balakrishnan of CISF Unit ZC/NFC Pazhayakayal.”

Questioning the same, the appellant filed an appeal before the Deputy Inspector General / appellate authority. The appellate authority dismissed the appeal vide order dated 16.08.2010. The revision petition filed by the appellant was also dismissed on 07.01.2011. Challenging these orders, W.P.(MD)No.6851 of 2011 was filed. The learned single Judge dismissed the writ petition in the following terms:-

“6.Perusal of record shows that P.W.1, the fifth respondent deposed in his statement that on 23.09.2009, the Deputy Inspector General had received a call on his mobile from a co