Dismissed¶28

Kailash Chand Sharma Son of Shri Banshidhar Sharma v. Director General Cisf

Rajasthan HC1 Sept 2025SAW/406/2021

Case brief

AI extract

What is this about?

Keywords: sleeping while on duty; stoppage/stopping of one grade increment without cumulative effect; enhancement of punishment by Appellate Authority; power available under Rule to enhance punishment; disciplinary force; CISF disciplinary proceedings; writ petition dismissed by Single Judge on 12.02.2021; special appeal dismissed; no irregularity by Disciplinary Authority; Rajasthan High Court Jaipur Bench; DB Special Appeal Writ No. 406/2021; decided 01/09/2025.

What did the court decide?

No irregularity was committed by the Disciplinary Authority in passing the order impugned, and therefore no case is made out for interference by this Court in the appeal; the Division Bench had gone through the orders of both the Disciplinary Authority and the Appellate Authority. ¶27

Kailash Chand Sharma Son of Shri Banshidhar Sharma Vs Director General Cisf — Rajasthan HC (2025) — LawSathi Research

¶1

[2025:RJ-JP:35062-DB]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

D.B. Special Appeal Writ No. 406/2021

¶4

Kailash Chand Sharma Son Of Shri Banshidhar Sharma, Aged About 32 Years, Resident Of Village Sujanpura, Post-Dudhly, Tehsil Bassi, District Jaipur (Raj.)

¶5

----Appellant

¶6

Versus

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Director General Cisf, Force Headquarter, Cgo Complex, New Delhi.

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Commandant, Cisf Unit, Lalkila, Delhi

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Dy. Commandant (Appellate Authority), Cisf Unit Bnp Dewas (Mp).

¶10

Assistant Commandant, Cisf Unit Bnp, Dewas (Mp).

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Inspector/fire, Cisf Unit Bnp, Dewas (Mp).

¶12

----Respondents

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For Appellant(s) : Mr. Raghu Nandan Sharma, Advocate. For Respondent(s) : Mr. Devesh Yadav, Advocate.

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HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL

¶15

Order

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01/09/2025

¶17

This appeal has been filed on behalf of the appellant challenging the order dated 12.02.2021 passed by the learned Single Judge. While dismissing the writ petition filed on behalf of the petitioner, in the order dated 12.02.2021, it was observed as under:

¶18

“ The petitioner was charge-sheeted for sleeping while on duty and has been punished with stopping of one grade increment without cumulative effect.

¶19

Learned counsel for the petitioner submits that the petitioner was unwell and he had taken rest after taking medicine and in such circumstances there was no occasion to punish him in stopping of one grade increment without

¶20

(2 of 2)

¶21

[2025:RJ-JP:35062-DB]

¶22

[SAW-406/2021]

¶23

cumulative effect. Learned counsel submits that the petitioner had initially been punished with holding of three days salary which has been enhanced by the Appellate Authority without any cogent reasons.

¶24

This court finds that no procedural illegality has been committed. The petitioner was given due opportunity of hearing and his submissions have already been recorded and examined before passing of the order of punishment. The power is available under Rule to enhance the punishment and taking into consideration that the petitioner is a part of disciplinary force, this court does not find any illegality or the arbitrariness in the order passed.

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The writ petition is found to be devoid of merit and it is accordingly dismissed. All pending applications shall stand disposed of.”

¶26

As per record, the appellant, who is serving in the Disciplinary Forces, was found sleeping during his duty.

¶27

We have gone through the order passed by the Disciplinary Authority as well the Appellate Authority. There is no irregularity committed by the Disciplinary Authority in passing of the order impugned. Therefore, no case is made out for interference by this Court in this appeal.

¶28

Hence, this appeal is dismissed.

¶29

(BHUWAN GOYAL),J

¶30

(INDERJEET SINGH),J

¶31

Tushar/48

Kailash Chand Sharma Son of Shri Banshidhar Sharma v. Director General Cisf

Case brief

What is this about?

What did the court decide?

Kailash Chand Sharma Son of Shri Banshidhar Sharma v. Director General Cisf

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Procedural history

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