Manimaran M v. The Union Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05/06/2026
CORAM
THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR and WMP(MD)Nos.9383 and 9395 of 2026 M.Manimaran ... Petitioner Vs.
1. The Union of India, Rep. by its Secretary, Ministry of Home Affairs, North Block, New Delhi.
2. The Director General, Border Security Force (BSF), CGO Complex, Lodhi Road, New Delhi - 110 003..
3. The Inspector General, STC BSF Chakur, Latur District, Maharashtra..
4. The Commandant, 115 Battalion Bsf, Bhikhiwind, Punjab.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned dismissal order passed by the 3rd respondent in proceedings No. Estt/443/STC-CKR/A1/5
P/2026/3599-3614 dated 07.02.2026, quash the same as illegal, arbitrary and unconstitutional and consequently direct the respondents to re-instate the petitioner in service with all attendant benefits including continuity of service, back wages and other service benefits. For Petitioner : Mr.N.Padmaboopathi For R1 & R2 : Mr.Paramasivam (CGSC)
ORDER
This writ petition has been filed challenging the proceedings dated 07.02.2026 passed by the third respondent dismissing the petitioner from service.
2. As against the said proceedings, as is seen from the very impugned proceedings, there is an effective remedy of appeal before the Special Director General, Commandant Headquarters (Special Operations) Raipur within three months from the date of the impugned proceedings. The impugned proceeding is dated 07.02.2026 and as such, the petitioner has time upto 6th May 2026.
3.Though the learned counsel for the petitioner brought to the notice of this Court that he has filed an appeal before the third 2/5
respondent herein, as seen from the impugned proceeding, the same is to be filed only before the Special Director General, Commandant Headquarters (Special Operations) Raipur, but not before the third respondent. As the petitioner has approached a wrong forum by filing an appeal, this Court is of the considered view that an opportunity must be afforded to the petitioner to file an appeal before the competent authority.
4. Accordingly, this writ petition is disposed of permitting the petitioner to file an appeal before the Special Director General, Commandant Headquarters (Special Operations) Raipur, within a period of four weeks from the date of receipt of a copy of this order and in case, if any such appeal is filed within the time indicated above, the same shall be considered by the appellate authority and pass appropriate orders thereon on merits, as expeditiously as possible, at any rate, within a period of two months from the date of filing of appeal by the petitioner. No costs. Consequently, connected miscellaneous petitions are closed. 05.06.2026 NCC : Yes/No Index : Yes/No Internet : Yes/No CM 3/5
To,
1. The Union of India, Rep. by its Secretary, Ministry of Home Affairs, North Block, New Delhi.
2. The Director General, Border Security Force (BSF), CGO Complex, Lodhi Road, New Delhi - 110 003..
3. The Inspector General, STC BSF Chakur, Latur District, Maharashtra..
4. The Commandant, 115 Battalion Bsf, Bhikhiwind, Punjab.
4/5
MUMMINENI SUDHEER KUMAR,J CM and WMP(MD)Nos.9383 and 9395 of 2026 Date : 05/06/2026 5/5