Sonu Kumar v. The Director General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.No.33773 of 2025 and WMP.Nos.37900 & 37902 of 2025 Sonu Kumar ... Petitioner Vs

1. The Director General CISF Head Qaurters, No.13, CGO Complex, Lodhi Road, New Delhi - 110 003.

2. The Inspector General, Training Sector Hqr, CGO Complex, New Delhi - 110 003.

3. The Dy. Inspector General, CISF Unit, NLC, Neyveli.

4. The Commandant, CISF-Unit, NLC, Neyveli.

5. Mr.Sivam Singh AC/Exe Enquiry Officer, CISF Unit, NLC, Neyveli ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for 1/6

issuance of a Writ of Certiorarified Mandamus, to call for the records of the respondents culminating in the Charge Memorandum No.V15014/CISF/NLC/Disc/Maj- (06)/SK/2025/2200, dated 15.05.2025, issued by the Commandant, CISF-Unit, NLC, Neyveli under Rule 36 of the CISF Rules 2011, to the petitioner, quash the same and pass order. For Petitioner :

Mr.B.Harikrishnan For Respondents :

Mr.A.R.Sakthivel SPC (CGSC)

ORDER

Mr.A.R.Sakthivel, learned Central Government Standing Counsel accepts notice on behalf of the Respondents. With consent of the learned counsels on either side, the writ petition is taken up for final disposal.

2. This Writ Petition has been filed to call for the records of the respondents culminating in the Charge Memorandum No.V15014/CISF/NLC/Disc/Maj- (06)/SK/2025/2200, dated 15.05.2025, issued by the Commandant, CISF-Unit, NLC, Neyveli under Rule 36 of the CISF Rules 2011, to the petitioner.

3. The case of the petitioner is that the fourth respondent was not convinced with the petitioner's written statement and hence, he initiated 2/6

departmental enquiry by appointing the fifth respondent as the Enquiry Officer and the preliminary hearing was held on 20.06.2025 and all the prosecution witnesses were examined. During enquiry, the complainant did not appear in spite of several summonses being issued. Now, the enquiry proceedings has been adjourned for examination of the defence witnesses. Hence, this petition is filed for the above said relief.

4. The learned counsel for the petitioner would submit that the Authority lacks jurisdiction to conduct enquiry. The offence alleged is said to have been committed outside the jurisdiction of the employment and thereby, fifth respondent has no jurisdiction. Therefore, the enquiry proceedings based on the charge memo, is to be set aside.

5. Per contra, the learned Central Government Standing Counsel for the respondents 1 to 4 submitted that the petitioner had joined the CSIF by impersonation and based on specific information, a charge memo has been issued against him and he had already given a written explanation and the enquiry is going on pursuant to Rule 36 (2) of the CISF Rules, 2001 and that it would be pre-mature to quash the charge at this stage. 3/6

6. Heard the learned counsel for the petitioner and the learned Central Government Standing Counsel for the respondents.

7. For the Article of charge framed against the petitioner, the petitioner had also given a written explanation and he had also participated the enquiry. The learned counsel for the petitioner relied on the judgment of the Hon'ble Division Bench of Calcutta High Court in GD Paul Vs. Union of India & Others in FMA.No.1063 of 2007 dated 23.12.2008. The judgment referred to by the learned counsel for the petitioner will not be applicable to the facts of this case, since the same is challenging the final order passed, unlike the instant case, wherein the impugned order, is a charge memorandum dated 15.05.2025. Admittedly, the enquiry is still pending and no orders have been passed and the petitioner has hurried to this Court while he is already participating in the enquiry. At this juncture, this Court finds no reason warranting interference in the said proceedings.

8. In view of the above, there is no merit in this Writ Petition. Hence, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. No costs. 4/6

10.09.2025 dh Index: Yes/No Internet: Yes/No Speaking Order/Non-speaking order To

1. The Director General CISF Head Qaurters, No.13, CGO Complex, Lodhi Road, New Delhi - 110 003.

2. The Inspector General, Training Sector Hqr, CGO Complex, New Delhi - 110 003.

3. The Dy. Inspector General, CISF Unit, NLC, Neyveli.

4. The Commandant, CISF-Unit, NLC, Neyveli.

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A.D.JAGADISH CHANDIRA.J dh W.P.No.33773 of 2025 10.09.2025 6/6