Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Constable of CISF - Combatant Personnel The CISF personnel, including constables, are generally considered armed forces personnel who undergo training for combat duties, as indicated by multiple references stating that CISF constables are trained for combatant roles (The petitioner was trained for combatant duty as he was appointed as Constable (GD) and that he had undergone appropriate training for the same) ["Sandeep Singh VS Union of India - Delhi"]. However, there is ambiguity regarding whether CISF constables are officially classified as combatant personnel under legal or administrative definitions. Some judgments suggest that personnel in roles such as clerks or administrative staff within CISF are not considered combatants (a person posted as a Clerk would not fall within the category of 'combatant personnel') ["CONSTABLE GAJENDRA PRASHAD vs UOI & ANR. - Delhi"], ["CONSTABLE GAJENDRA PRASHAD vs UOI & ANR. - Delhi"]-6111_2007).
Legal and Administrative Definitions Several sources clarify that CISF personnel, including constables, are part of Central Para-Military Forces (CPMFs) and are not explicitly classified as combatant personnel under certain statutes or notifications. For instance, personnel of Central Para-Military Forces (BSF, CRPF, ITBP, CISF, SSB etc) are not eligible to be considered under the Ex-Servicemen category ["Makhan Singh VS State of Punjab - Punjab and Haryana"], and the CRPF Act, 1949 does not contemplate the appointment of constable (GD) as 'non-combatant' ["CONSTABLE GAJENDRA PRASHAD vs UOI & ANR. - Delhi"]. Furthermore, notifications and legal provisions often distinguish between combatant and non-combatant roles, with CISF personnel typically categorized as trained combatants but not necessarily designated as combatant personnel in official terms ["Tilak Chetry, S/o Sri Lal Bahadur Chetry VS Union of India - Gauhati"], ["Ram Avtar Tiwari VS Union of India - Jharkhand"].
Ex-Servicemen and Combatant Status The status of CISF personnel as combatants influences their eligibility for ex-serviceman benefits. Several judgments emphasize that personnel from forces like CISF are not automatically considered ex-servicemen unless explicitly recognized, and the distinction between combatant and non-combatant is significant (The issue is whether a CISF personnel can be treated as Ex-serviceman ["CONSTABLE GAJENDRA PRASHAD vs UOI & ANR. - Delhi"]). Notably, some notifications and court rulings recognize CISF personnel as combatant due to their training and operational roles, but this does not always translate into official classification as combatant personnel under law ["Mir Majibur Rahaman VS Union of India - Calcutta"].
Conclusion Based on the available references, CISF constables are trained for combatant duties and are considered armed personnel capable of engaging in combat ["Sandeep Singh VS Union of India - Delhi"]. Nonetheless, they are generally not officially classified as combatant personnel in legal or administrative terms; instead, they are part of Central Para-Military Forces with a combatant role but without the specific designation of combatant personnel in statutes or notifications. Therefore, whether a CISF constable can be called a combatant personnel depends on the context—training and operational capability suggest combatant status, but official classification may not always align ["Renjith T, S/O Shri.Thankappan Pillai vs Union Of India - 2025 0 Supreme(Ker) 1392"], ["Tilak Chetry, S/o Sri Lal Bahadur Chetry VS Union of India - Gauhati"].In legal terms, CISF personnel are often regarded as armed forces personnel with combat training, but not necessarily as combatant personnel unless explicitly defined in the relevant legal or administrative framework.
In the realm of India's Central Armed Police Forces (CAPFs), roles and classifications carry significant implications for benefits, exemptions, and service conditions. A common question arises: whether a constable of CISF can be called combatant personnel? This inquiry often stems from notifications related to disabilities, ex-servicemen status, and operational duties. While CISF plays a vital role in securing critical infrastructure, the legal framework draws clear distinctions. This post delves into the legal analysis, drawing from key notifications and judicial precedents to clarify the status—generally, no, unless assigned to a specific combatant post. Note: This is general information, not legal advice; consult a professional for specific cases.
The term combatant personnel typically refers to roles involving direct combat or operational duties within CAPFs like CRPF, BSF, ITBP, CISF, and Assam Rifles. Key legal references come from notifications by the Ministry of Social Justice and Empowerment.
A pivotal 2002 notification states: the Central Government having regard to the type of work carried on hereby exempt all categories of posts of ‘combatant personnel’ only of the Central Para Military Forces (CPMFs) namely... CRPF, BSF, ITBP, CISF and Assam Rifles... Ravinder Kumar Dhariwal VS Union of India - 2022 1 Supreme 539. Similarly, the 2021 notification exempts all categories of posts of combatant personnel of the Central Armed Police Forces, including CISF, from certain disability provisions Ravinder Kumar Dhariwal VS Union of India - 2022 1 Supreme 539.
These emphasize posts of combatant personnel, not all ranks or personnel by default. Constables, as entry-level ranks, are not automatically included unless their specific posting qualifies as combatant Renjith T, S/O Shri.Thankappan Pillai vs Union Of India - 2025 0 Supreme(Ker) 1392.
The Central Industrial Security Force (CISF) safeguards airports, power plants, nuclear facilities, and other vital assets Renjith T, S/O Shri.Thankappan Pillai vs Union Of India - 2025 0 Supreme(Ker) 1392. While armed and trained, CISF personnel, including constables, focus on industrial security rather than frontline combat like border guarding (BSF/ITBP) or counter-insurgency (CRPF).
Documents clarify: There is no indication... that CISF Constables are classified as combatant personnel. They are generally considered part of the paramilitary forces but not necessarily engaged in combat roles by virtue of their rank or position Ravinder Kumar Dhariwal VS Union of India - 2022 1 Supreme 539Union of India VS Brig. Balbir Singh (Retd. ) - 2020 1 Supreme 360. This distinction is crucial for exemptions and benefits.
Notifications target specific posts, implying classification by duty nature, not rank. The phrase posts of combatant personnel suggests operational roles, excluding general constables Ravinder Kumar Dhariwal VS Union of India - 2022 1 Supreme 539. No document lists CISF constables outright as combatants.
CISF personnel are explicitly excluded from ex-servicemen status. One source notes: personnel of Central Para-Military Forces (BSF, CRPF, ITBP, CISF, SSB etc) are not eligible to be considered under the Ex-Servicemen category Union of India VS Brig. Balbir Singh (Retd. ) - 2020 1 Supreme 360. Further: Ex-servicemen means a person, who has served in any rank whether as a Combatant or non-combatant in the regular Army, Navy and Air Force... excluding CAPFs like CISF MAKHAN SINGH Vs STATE OF PUNJAB AND OTHERSM.MUTHUALAGU, S/O. P.MUNIYANDI Vs THE SECRETARY.
CAPF retirees are termed Ex-Central Armed Police Force personnel (Ex-CAPF personnel) instead MAKHAN SINGH Vs STATE OF PUNJAB AND OTHERS.
Courts have upheld nuanced classifications. In a Delhi High Court matter: At this stage of the proceedings, we are prima facie of the view that a person posted as a Clerk would not fall within the category of 'combatant personnel' CONSTABLE GAJENDRA PRASHAD vs UOI & ANR.CONSTABLE GAJENDRA PRASHAD vs UOI & ANR.-6111_2007). This extends to non-combat roles, supporting that constables in standard duties aren't combatants.
Another case questioned equating Assam Rifles or CISF with ex-servicemen: The issue is not that whether the petitioner is serving or retired, but the real issue is whether a CISF personnel can be treated as Ex-serviceman Anil Kumar Lakra vs The State Of Chhattisgarh and Ors. Ex-serviceman excludes CAPFs, defined strictly for Regular Army/Navy/Air Force UPPADA KURMA RAO vs THE STATE OF AP - 2022 Supreme(Online)(AP) 2558.
In Punjab & Haryana HC: Petitioner who was serving in the Assam Rifles seeks that he ought to be equated with ex-servicemen personnel but CAPFs like CISF/CRPF/ITBP are ineligible RAJESH KUMAR vs STATE OF PUNJAB AND ORS.
These rulings emphasize: classification depends on role, not mere affiliation with CISF.
However, standard constable duties at industrial sites don't trigger this Union of India VS Brig. Balbir Singh (Retd. ) - 2020 1 Supreme 360.
Real-world cases highlight consequences. A CISF constable's removal for misconduct was upheld, noting disciplined force duties but not combatant status per se CISF VS Santosh Kumar Pandey - 2023 1 Supreme 762. In another, a constable at an atomic station faced charges, but classification wasn't combatant-based Vijay Pradap Singh VS State rep. by The Inspector of Police - 2016 Supreme(Mad) 372.
For recruitment: Ex-CAPF status applies post-retirement, not equating to ex-servicemen benefits UPPADA KURMA RAO vs THE STATE OF AP - 2022 Supreme(Online)(AP) 2558. Courts dismiss pleas to reclassify without evidence of combat roles.
| Aspect | Status for CISF Constable ||--------|---------------------------|| Default Classification | Not combatant personnel Ravinder Kumar Dhariwal VS Union of India - 2022 1 Supreme 539 || Ex-Servicemen Eligibility | No, Ex-CAPF instead Union of India VS Brig. Balbir Singh (Retd. ) - 2020 1 Supreme 360 || Exceptions | Specific combat posts only || Judicial View | Role-based, not rank-based CONSTABLE GAJENDRA PRASHAD vs UOI & ANR. |
Conclusion: Generally, a CISF constable is not classified as combatant personnel under current laws and notifications. This hinges on post-specific duties, as affirmed by notifications and courts Ravinder Kumar Dhariwal VS Union of India - 2022 1 Supreme 539Union of India VS Brig. Balbir Singh (Retd. ) - 2020 1 Supreme 360Renjith T, S/O Shri.Thankappan Pillai vs Union Of India - 2025 0 Supreme(Ker) 1392. While CISF's security role is commendable, legal precision matters for benefits and rights. Stay informed, and for personalized guidance, approach legal experts or authorities.
References:1. Ravinder Kumar Dhariwal VS Union of India - 2022 1 Supreme 539 - Key notifications on combatant posts.2. Union of India VS Brig. Balbir Singh (Retd. ) - 2020 1 Supreme 360 - CAPF vs. ex-servicemen.3. Renjith T, S/O Shri.Thankappan Pillai vs Union Of India - 2025 0 Supreme(Ker) 1392 - CISF roles.4. Various HC judgments MAKHAN SINGH Vs STATE OF PUNJAB AND OTHERS, CONSTABLE GAJENDRA PRASHAD vs UOI & ANR., etc.
#CISF #CombatantPersonnel #LegalInsights
Initially he was appointed in CISF as Constable (General Duty) on 16.02.2002. ... To maintain and make a system on place so that there is a mix of personnel belonging to Home Sector and Out of Home Sector in a unit, the broad guidelines have been issued by the CISF Head Quarter vide the circular No.22 of 2017 dated 25.09.2017 regarding transfer and tenure posting of CISF personnel ... The Ministry of Social Justice and Empowerment, New Delhi issued a notification dated 10.09.2022 with ....
as a combatant or non-combatant in the Naval, Military and Air forces of the Union of India' Note: The personnel of Central Para-Military Forces (BSF, CRPF, ITBP, CISF, SSB etc) are not eligible to be considered under the Ex-Servicemen category." ... CRPF, BSF, CISF, ITBP and SSB) personnel as 'Ex-Central Armed Police Force personnel (Ex-CAPF personnel). There has a demand from various fora that the retired Central Armed Police Force (CAPF) #HL_START....
as a combatant or non-combatant in the Naval, Military and Air forces of the Union of India” Note: The personnel of Central Para-Military Forces (BSF, CRPF, ITBP, CISF, SSB etc) are not ... CRPF, BSF, CISF, ITBP and SSB) personnel as “Ex-Central Armed Police Force personnel (Ex-CAPF personnel). ... (BSF), Central Industrial Security Force (CISF), Indo- Tibetan Border Police (ITBP) and Sashastra Seema Bal (SSB) as “Ex-Ce....
On the other hand, in the communication dated 19.02.2013, filed in the typed set of papers by the learned Government Advocate, it has been stated that an Ex-Servicemen means a person, who has served in any rank whether as a Combatant or non-combatant in the regular Army, Navy and Air Force of the Union ... Force (BSF), Central Industrial Security Force (CISF), Indo-Tibetian Border Police (ITBP) and Sashastra Seema Bal (SSB) as “Ex-Central Armed Police Force Personnel”(Ex-CAPF Personnel....
(C) 6111/2007 & CM 11422/2007 (CISF) and Assam Rifles from the provisions of the said section. ... Yes (3)Whether the Order should be reported in the Digest? ... At this stage of the proceedings, we are prima facie of the view that a person posted as a Clerk would not fall within the category of 'combatant personnel'. ... (C) 6111/2007 Page 6 of 8 2007:DHC:965-DB word 'combatant personnel#....
(C) 6111/2007 & CM 11422/2007 (CISF) and Assam Rifles from the provisions of the said section. ... (C) 6111/2007 Page 6 of 8 word 'combatant personnel' only the Forces in question. ... Yes (3)Whether the Order should be reported in the Digest? ... At this stage of the proceedings, we are prima facie of the view that a person posted as a Clerk would not fall within the category of 'combatant pe....
for the purpose of selection as Constable in the District Police cadre. ... as a combatant or non-combant in the, Naval, Military and Air Forces of the CRPF, ITBP, CISF, SSB etc) are not eligible to be considered Petitioner who was serving in the Assam Rifles seeks that he ought to be equated with ex-servicemen personnel
The issue is not that whether the petitioner is serving or retired, but the real issue is whether a CISF personnel can be treated as Ex-serviceman. 8. ... Under the said Rules, 'ex-serviceman' means a person, who has served in any rank (whether as a combatant or as a non- combatant) in the Regular Army, Navy and Air Force of the Indian Union but does not include a person who has served in the Defence Security Corps, the General Reserve Engineering Force ... ....
It was because of the firing done by the petitioner and the Head Constable, the life of CISF Personnel in the KMP Store could be saved and they are not responsible for the two CISF Personnels, who were killed during the attack of extremists and for the arms, which were looted. ... When the rounds available with the CISF personnel present in the camp had ended, then the extremists entered and on account of effective firing from the side of the KMP Store by the petitioner and the other #....
The same is hereby extracted: Ex-servicemen: “Ex-Servicemen” means a person who has served in any rank (whether as a combatant or as a non-combatant) in the Regular Army, navy and Air Force of the Indian Union but does not include a person who has served in the Defence Security Corps, the General ... CRPF, BSF, CISF, ITBP and SSB) personnel as Ex-Central Armed Police Force (Ex-CAPF personnel). Hence, basing upon the above recommendation, the petitioner’s case ought to have ....
At the P.T. Gate, they had interacted with the constable on duty who was posted there at that time. The constable had then called the officers on duty from the CISF Office to whom he recounted the entire incident.
6. It is further submitted by the counsels that the investigation may be handed over to the Crime Branch or to Central Bureau of Investigation. It is also submitted that in the Court complex Central Industrial Security Force (CISF) personnel may be deputed instead of Police personnel for security purposes.
He is challenging the orders passed against him in the departmental action. 2. Petitioner is a Constable in Central Industrial Security Force (CISF). Ext P3 memo of charge was issued to him by the 5th respondent-the Assistant Commandant, CISF Unit, Vishakhapatnam Port Trust, while the petitioner was working in that unit.
4. Having heard counsel for both the sides and looking to the facts and circumstances of the case, we see no reason to entertain this Letters Patent Appeal mainly for the following facts, reasons and judicial pronouncements :- He was posted on duty on 7.9.1998 at about 21.00 hours nearby the shop No.020 and CPL building of HMBP up to 5.00 a.m. of 8.9.1998; (i) This appellant was working as constable in CISF.
2. Petitioner is a CISF [Central Industrial Security Force] Constable. He was carrying out his duties at the Atomic Energy Power Station in Kalpakkam. On 08.10.2014, with his service rifle he is alleged to have shot dead three persons and also wounded one person.
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