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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF MARCH, 2021

BEFORE

THE HON' BLE MR. JUSTICE S.G. PANDIT

WRIT PETITION No.41313/2018 (S-RES)

BETWEEN:

SRI SANTOSH KUMAR MAHAWAR

S/O ANAND RAM MAHAWAR

AGED ABOUT 30 YEARS

WORKING AS ASI/EXE

HAVING CISF NO.130404158

WORKING AT CISF, ASG

BENGALURU.

...PETITIONER

(BY SRI PRASHANTH H.S., ADV.)

AND:

1. THE MINISTRY OF HOME AFFAIRS

GOVERNMENT OF INDIA

NEW DELHI

REP. BY SECRETARY

PIN CODE -110003.

2. THE DIRECOR GENERAL

CISF, NEW DELHI

PIN CODE – 110003.

3. THE DIG, APSZ

CHENNAI, TAMILNADU

PIN CODE – 621103.

4. THE DY.COMMANDANT/C-COY/CISF

ASG, BENGALURU

SRI. U.P. SINGH-560 300.

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5. CASO, BANGALORE AIRPORT

BENGALURU-560 013

BY ITS SENIOR COMMANDANT.

…RESPONDENTS

(BY SRI K.S.BEEMAIAH, ADV. FOR R1 TO 4, CGC.

R5- NOTICE NOT ORDERED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE

ORDER DATED 10.10.2017 PASSED BY THE R3 HEREIN VIDE

ANNX-C, WHEREBY THE FINAL ORDER DATED 04.07.2017 AND

THE APPELLATE ORDER DATED 17.08.2017 WERE UPHELD.

THIS PETITION COMING ON FOR PRELIMINARY HEARING

THROUGH VIDEO CONFERENCE THIS DAY, THE COURT MADE

THE FOLLOWING:-

O R D E R

Petitioner, who is working as Assistant Sub-

Inspector (for short ‘the ASI’) in Central Industrial

Security Force (for short ‘the CISF’) is before this Court

under Article 226 of the Constitution of India assailing

the impugned orders, i.e., the final order dated

04.07.2017, Appellate Order dated 17.08.2017 and

Revisional Order dated 10.10.2017, whereby he was

imposed with penalty of fine equivalent to three days

pay.

2.

Heard Sri H.S.Prashanth, learned counsel for the

petitioner and Sri.K.S. Bheemaiah, learned counsel for

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respondents 1 to 4. Perused the entire writ petition

papers.

3.

Sri H.S. Prashanth, learned counsel for the

petitioner would submit that petitioner at the relevant

point of time was working as ASI with the 3^rd

respondent and petitioner was posted to work at

Kempegowda International Airport, Bengaluru, for

aviation security duty. He submits that charge memo

was

issued

on

14/16.06.2017

alleging

that

the

petitioner, who was deployed to perform morning flexi

duty in ‘B’ Coy from 3.00 hours to 11.00 hours on

29.05.2017 and was directed at 4.00 hours by the SHA

I/c to perform duties at X.BIS No.17(ATRS) and he

performed frisking duty from 4.00 hours to 4.30 hours.

At about 6.00 hours he refused to relieve the SI/Exe

P.D. Bunkar, who was deployed at frisking booth and

also refused to open another frisking booth even after

order by the SHA I/c which amounted to gross

disobedience of lawful orders. The Article of charge

dated 14/16.06.2017 framed against the petitioner and

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the reply of the petitioner dated 26.06.2017, are placed

on record as Annexures-R2 and R5 to the statement of

objection filed by the respondents. In his reply the

petitioner denied the allegations made against him.

Thereafter considering the reply of the petitioner final

order of punishment was passed on 04.07.2017

imposing punishment of fine amount equivalent to his

three days pay, which is a minor penalty. Against the

order of penalty, the petitioner preferred appeal before

the Senior Commandant/CASO Bangalore Airport,

Central Industrial Security Force (Ministry of Home

Affairs). The Appellate Authority by order dated

17.08.2017 confirmed the final order of penalty dated

04.07.2017. Thereafter, petitioner preferred revision

before the DIG, APSZ, Chennai, Central Industrial

Security Force (Ministry of Home Affairs). The

Revisional

Authority

by

order

dated

10.10.2017

dismissed the revision confirming the final order of

penalty, as well as the order of Appellate Authority.

Hence the petitioner is before this Court challenging the