Madras High CourtWP/4350/2021disposed of

Vishvjit Singh v. The Director General Central Industrial Security Force,

2021-02-26Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.NO.4350 OF 2021 Vishvjit Singh ... Petitioner Vs.

The Director General, Central Industrial Security Force, Head Quarters, CGO Complex, Lodhi Road, New Delhi - 110 003.

The Inspector General, APS-II, South West Head Quarters, Central Industrial Security Force, Airport Security Group (ASG), Kempegowda International Airport, Bengaluru - 560 300.

The Deputy Inspector General/AP-SZ, Central Industrial Security Force, South Zone, Head Quarters, Rajaji Bhavan, Besant Nagar, Chennai 600 090.

The Senior Commandant, Central Industrial Security Force Unit, 10th Reserve Battalion, Arakkonam, Ranipet District - 631 152.

The Deputy Commandant, Central Industrial Security Force Unit, Aviation Security Group (ASG), Calicut Airport, Calicut - 673 647.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, to direct the 1st Respondent to pass orders on the Petitioner's Revision Petition dated 04.03.2020, on merits.

For Petitioner :

Mr.R.Thiyagarajan For Respondents:

Mr.P.R.Ramesh Babu

O R D E R

Petitioner has come up with this Writ Petition seeking a direction to the 1st Respondent to pass orders on his Revision Petition dated 04.03.2020, on merits.

It is seen that, the Petitioner, who is working as a Sub Inspector/Executive in Central Industrial Security Force, was issued a Charge Memo under Rule 36 of the CISF Rules on 11.01.2019. Thereafter, the 3rd Respondent, without considering the case of the Petitioner, vide final order dated 19.08.2019, agreeing with the findings of the Enquiry Officer's Report, awarded the penalty of "removal from service". Aggrieved by the same, the Petitioner preferred an Appeal Petition on 07.09.2019 before the 2nd Respondent. As the said Appeal Petition was rejected on 27.12.2019, the Petitioner preferred a Revision Petition on 04.03.2020. As no orders are passed on the said Revision Petition, the Petitioner has come up with this Writ Petition.

Heard the learned counsel on either side and perused the material documents available on record.

In view of the limited relief sought for by the Petitioner and considering the facts and circumstances of the case, this Court directs the 1st Respondent to consider the Petitioner's Revision Petition dated 04.03.2020 on merits and in accordance with law and pass appropriate orders within a period of sixty days from the date of receipt of a copy of this order. Petitioner shall furnish his phone number, email ID, if any, etc., along with a copy of his Revision Petition dated 04.03.2020 and a copy of this order, to the 1st Respondent forthwith.

The 1st Respondent is directed to communicate the decision taken on the said Application to the Petitioner herein within a period of three weeks from the date of decision taken thereon, by way of SMS/Email/Registered Post/Speed Post, so that, there is no need for the parties to file contempt after expiry of the specified period. In case, the authorities concerned fail to send communication to the parties, they will have to face civil imprisonment in case of contempt proceedings and, if they are unable to serve the order and the cover being returned unserved for one reason or the other, the same shall be kept in the file without opening it for the sake of proof of delivery, so that the parties, at a later point of time, will not take a plea that he/she is not aware of the order of this Court.

With the above direction, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar (aeb) To: