IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-12-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI

P.Unnithan

HC/GD No.892299951,

Central Industrial Security Force,

MPRTC, Bheror, Anandapura,

Alwar District, Rajasthan-301 713.

Petitioner(s)

Vs

1. The Inspector General,

Central Industrial Security Force,

South Sector, Head Quarters,

Near War Memorial, Chennai-600 009.

2.The Deputy Inspector General, Central Industrial Security Force,

South Zone, Head Quarters,

Rajaji Bhavan, Besant Nagar,

Chennai-600 090.

3.The Deputy Inspector General, Central Industrial Security Force,

MPRTC Behror, Anandapura-Post, Alwar District, Rajasthan- 301 713.

4.The Group Commandant,

Central Industrial Security Force,

Group Head Quarters, Cochin,

Kerala- 682 037.

5.The Deputy Commandant,

Central Industrial Security Force Unit,

VOC Port Trust, Tuticorin-628 004.

6.The Deputy Commandant, Central Industrial Security Force Unit, NMPT Mangalore, Karnataka- 575 010.

Respondent(s)

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of certiorarified mandamus, calling for the records relating to the impugned orders passed by the 1^st respondent dated 12.07.2023 in his order V- 15016/ CISF/ SS/ DISC/ Rev- PU/ 2023/ 9583 modifying the orders of the 2^nd respondent dated 26.01.2023 in his order No.V-15014 (1) / Appeal -10/ NMPT- M/ PU/ SZ-1/ L & R/ 2022/ 788 and the order of 4^th respondent dated 28.11.2015 in his order No.V-15014/ CISF/ GHC/ AD.V / MAJ / NMPT / PU /2015 /5665 and quash the same and direct the respondents to pay all monetary and consequential service benefits.

For Petitioner: Mr.R.Thiyagarajan For Respondents: Mr.A.Kumaraguru Senior Central Government Panel Counsel

ORDER

This Writ Petition has been filed, challenging the impugned orders passed by the respondents and for a direction to the respondents to pay all monetary and consequential service benefits.

2. The learned counsel appearing for the petitioner would submit that the petitioner while he was serving as Head Constable / GD in Central Industrial Security Force under the 6^th respondent in the year 2015, the 4^th respondent issued a charge memo under Rule-36 of the CISF Rules, 2001 on 13.08.2015 as if the petitioner was detailed for B-Shift on 13.07.2015 from 13.00 hours to 21.00 hours at check Post No.1 duty post of VOCPT Tuticorin, for checking of outgoing vehicles and, on the same day at about 20.25 hours, during the anti corruption checking carried out by the Inspector/Exe C Chinnakannan at Check Post No.1, he observed that the petitioner was throwing and kicking a bundle from his possession. On checking of the bundle, it was fund that it contained Indian currency notes of Rs.650/- in different denominations. The said amount was more than the amount declared by him in the pocket money declaration register and had collected the said sum as illegal gratification while on duty. For the above misconduct, the charge memo has been issued and he submitted written statement on 22.08.2015 again on 14.11.2015. However, Enquiry Officer conducted a detailed enquiry by examining five prosecution witnesses on behalf of the respondents. On behalf of the petitioner, no witnesses were examined and thereafter, Enquiry Officer drawn a proven minute as against the petitioner.

3. The Original Authority namely 4^th respondent imposed a punishment of reduction of pay from Rs.11,290 + 21800 to minimum stage of Rs.9,300 + GP 2800 for the period of five years with further direction that during the period of reduction, he will not earn any increment and on expiry of the period, the reduction will have to effect of postponing the future increments of pay vide impugned order dated 28.11.2015. As against which, the petitioner preferred an appeal before the 5^th respondent. The 5^th respondent vide order dated 26.01.2023, rejected the petitioner's appeal as against which, the petitioner filed a review application before the 1^st respondent and the 1^st respondent after providing opportunity to the petitioner,