2026:MHC:666 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-01-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR WP No. 15439 of 2012 Mallena Gurumurthy ..Petitioner(s)

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-600009.

4.The Deputy Inspector General CISF Unit NLC Neyveli, No.G-14, J.N.Salai, Block No.16, NLC Township Neyveli, District: Cuddalore, Tamil Nadu-607 801.

5.The Senior Commandant, CISF Unit NLC Neyveli, No.G-14, J.N.Salai, Block No.16, NLC Township Neyveli, District: Cuddalore, Tamil Nadu-607 801. .. Respondent(s)

Prayer: Writ petition filed under Article 226 of Constitution of India for issuance of writ of Certiorarified Mandamus to call for records relating to the order passed by the 3^rd respondent dated 29.06.2011 in his Order No.V-15014/ L&R/SS/ Rev-MG/ 2011-5650 dated 29.06.2011, confirming the order of the 4^th respondent dated 19.02.2011 in his Appellate Order No.V-15014/ NLC/ Disc/ Appeal/ MGM/2011-1797 dated 19.02.2011 and upheld the 5^th respondent dated 14.11.2008 in his final order No.V-15014/CISF/NLC/Maj-08/MGM/Disc/ 2008-12578 dated 14.11.2008 to quash the same and to direct the respondents to take the petitioner into the service of the CISF as Constable/GD with all monetary benefits and other service benefits.

For Petitioner(s): Mr.K.Sivakumar For Respondent(s): Mr.J.Vasu Senior Panel Counsel

ORDER

(Order of the Court was made by Dr.Anita Sumanth J.)

We have heard Mr.K.Sivakumar, learned counsel for the petitioner and Mr.J.Vasu, learned Senior Panel Counsel for the respondent.

2.The challenge is to an order dated 29.06.2011 dismissing the petitioner from service as a Constable. The trajectory that the events have taken is as follows. The petitioner was a Constable in the Central Industrial Security Force (in short ‘CISF’) Unit, Neyveli Lignite Corporation (NLC), Neyveli. He had been issued with a charge memorandum in terms of Rule 36 of the CISF Rules, 2001 on the basis that his application to the post was as against a vacancy of S.T. category and he had been given the appointment based on a caste certificate issued by the Mandal Revenue Officer (MRO) Palasa, dated 15.03.1990 declaring that the petitioner belonged to the Savarakapu Tribe (ST community).

3.Subsequent investigation revealed that the caste certificate has not been issued by the MRO Palasa, Srikakulam District and in fact, the Tahsildar, Palasa had reported that there was no presence of persons belonging to the Savarukapu (ST) community in Mamidipalli Village of Palasa Mandal. Proceedings had hence come to be initiated on the strength of the false caste certificate that had been produced for recruitment to the CISF.

4.Enquiry was fixed, for which notices had been received by the petitioner. However, he had neither attended the enquiry nor informed the authorities about his inability to do so. The petitioner thereafter sought time on the ground that he had been suffering from jaundice and had been granted final notice dated 03.07.2008 which he had received on 11.07.2008. Enquiry was thereafter re-fixed and the petitioner had been informed that the hearings would be held on day-to-day basis. Yet another application, again on the ground of medical ailment of jaundice had been filed by the petitioner and he sought an adjournment that was granted. Notices had been issued by the authority that had been duly received.

5.Finally, noting that there had been no representation by the petitioner, proceedings had been concluded by order dated 14.11.2008 awarding penalty of dismissal from service with immediate effect, as against which first appeal had been filed which also came to be dismissed on 19.02.2011 on the ground that it had been pref