The High Court dismissed a writ petition challenging an order confirming compulsory retirement of a CISF constable for misconduct involving a minor. The court held it could not act as an appellate authority and found the punishment was proportionate.
Writ petition dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.15411 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.08.2023
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.15411 of 2012
Srini Babu ... Petitioner
Vs
....Respondents
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W.P.No.15411 of 2012
Prayer:- Writ Petition filed under Article 226 of Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the Order NO.V-15014/L&R/SS/Rev/RSB/2011-602 dated 22.12.2011 issued by the third respondent confirming the order passed by the fourth respondent in his letter No.V-11014/13/Disc/SS/2011/4626 dated 28.06.2011 confirming the order passed by the fifth respondent in his final order No.V-15014/Disc/Maj-RSB/2010/872, dated 15.03.2011 and quash the same and to direct the respondents to take the petitioner into the strength of CISF as Constable with all monetary benefits.
For Petitioner : Mr.A.S.Mujibur Rahman For Respondents : Mr.K.Gunasekar, SCGSC
ORDER
This writ petition has been filed for the issuance of Writ of Certiorarified
Mandamus, calling for the records relating to the Order NO.V15014/L&R/SS/Rev/RSB/2011-602 dated 22.12.2011 issued by the third respondent confirming the order passed by the fourth respondent in his letter No.V-11014/13/Disc/SS/2011/4626 dated 28.06.2011 confirming the order
passed by the fifth respondent in his final order No.V-15014/Disc/MajRSB/2010/872, dated 15.03.2011 and quash the same and to direct the respondents to take the petitioner into the strength of CISF as Constable with all monetary benefits.
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for the respondents and perused the materials available on record.
(CISF) in the year 1988. While he was working in CISF, he was served with a
charge memo with the following charges:-
“ ARTICLE OF CHARGE-I
An act of gross misconduct breach of discipline on the part of No.884525055 Constable R.Srinu Babu, C'Coy of CISF unit, CHPT Chennai is that on 20.09.2010 at about 17.30 hrs. he went to the residence of L/SI/Exe Gopa Jana & HC/GD P.K.Jana residing at Qtr No. B-26 at DLB Colony Tondiarpet, Chennai and misbehaved with a minor aged about 10 years, namely Gargi Jana daughter of HC/GD P.K.Jana and SI/Exe Gopa Jana in the absence of her parents in the quarter. Thus the above act on the part of No.884525055 Constable R. Srinu Babu exhibits unbecoming conduct being a member of Armed Force. Hence, the charge.
ARTICLE OF CHARGE-II
An act of gross misconduct and breach of discipline of the Force in that No.884525055 Constable R.Srimu Babu. C' Coy of CISF unit CHPT Chennai had developed an irresistible and incorrigible attitude of committing acts of misconduct and indiscipline and failed to change his attitude and show improvement in his conduct in spite of being charge sheeted and penalized on six (06) earlier occasions during his service. This amounts to an act of gross misconduct and reprehensible attitude, which is unbecoming of a member of the Armed Force on the part of No.884525055 Constable R.Srinu Babu of CISF Unit, CHPT, Chennai. Hence, the charge.”
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W.P.No.15411 of 2012
years, in the absence of her parents in their quarters. After giving an opportunity to the petitioner to explain about the charges, without being satisfied with the explanations of the petitioner, enquiry was ordered. On the enquiry, both the charges were proved against the petitioner and he was imposed with the punishment of compulsory retirement from service. He had challenged the same by way of an appeal and the same was also rejected by the fourth respondent. Aggrieved by the same, the petitioner also preferred a revision and the same was also dismissed by the third respondent.
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impugned orders passed by the respondents and this writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. No Costs.
21.08.2023
Internet:Yes Index:Yes/No Speaking/Non speaking order mn
https://www.mhc.tn.gov.in/judis Page 5 of 7
W.P.No.15411 of 2012
To
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W.P.No.15411 of 2012
G.K.ILANTHIRAIYAN. J,
mn
W.P.No.15411 of 2012
21.08.2023
https://www.mhc.tn.gov.in/judis Page 7 of 7
3 issues framed by the court
Whether the High Court can interfere with the final orders passed by three statutory authorities regarding disciplinary proceedings and compulsory retirement of a CISF constable.
Whether the punishment of compulsory retirement imposed for misconduct involving a minor is disproportionate.
Whether the petitioner can be directed to be taken into strength as a Constable in the CISF.
Srini Babu
The Union of India
The Director General, Central Industrial Security Force
The Inspector General, Central Industrial Security Force
The Deputy Inspector General, Central Industrial Security Force
The Commandant, Central Industrial Security Force Unit, Chennai Port Trust
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
