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Bhawani Singh vs Union Of India Through The Secretary
2026 Latest Caselaw 471 Jhar

Citation : 2026 Latest Caselaw 471 Jhar
Judgement Date : 29 January, 2026

[Cites 0, Cited by 0]

Jharkhand High Court

Bhawani Singh vs Union Of India Through The Secretary on 29 January, 2026

Author: Deepak Roshan
Bench: Deepak Roshan
                                                           2026:JHHC:2822


   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     W.P. (S) No. 1273 of 2019
                                ---------

Bhawani Singh, aged about 45 years, S/o Late Shivnath Singh, R/o Vill/Mohalla:-Jawahar Nagar, P.O.:-Bidhuna, P.S.:-Bidhuna, Dist:-

Auraiya, Uttar Pradesh. ....Petitioner Versus

1. Union of India through the Secretary, Ministry of Home Affair, Government of India, having its office at North Block, Central Secretariat, New Delhi, P.O. + P.S.+Dist:-New Delhi.

2. The Secretary, Ministry of Home Affair, Government of India, having its office at North Block, Central Secretariat, New Delhi, P.O+P.S + Dist:- New Delhi.

3. Director General of C.I.S.F, having its office at Block No-13, CGO Complex, Lodhi Road, New Delhi-110003, P.O + PS + Dist:- New Delhi.

4. The Inspector General of C.I.S.F, Eastern Sector Ranchi, Government of India, having its office at Tiril, P.O + P.S- Dhurwa, Dist:-Ranchi, Jharkhand.

5. The Deputy Inspector General of C.I.S.F, East Zone Head Quarter Patna, Government of India, having its office at Boring Road, P.O + P.S-Patliputra, Dist:-Patna, Bihar.

6. The Senior Commandant, C.I.S.F Unit B.C.C.L Dhanbad, Government of India, having its office at P.O-Koylanagar, P.S- Saraidhela, Dist:-Dhanbad, Jharkhand.

7. The Commandant, C.I.S.F Unit B.C.C.L Dhanbad, Government of India, having its office at P.O-Koylanagar, P.S-Saraidhela, Dist:-Dhanbad, Jharkhand.

8. The Deputy Commandant, C.I.S.F Unit B.C.C.L Dhanbad, Government of India, having its office at P.O- Barakar, P.S- Kulti, Dist:-Bardhaman, West Bengal.

9. The Assistant Commandant, C.I.S.F Unit B.C.C.L Dhanbad, Government of India, having its office at P.O- Barakar, P.S-

Kulti, Dist:-Bardhaman, West Bengal. ....Respondents

---------

CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

---------

For the Petitioner(s) : Mr. Arun Kumar Dubey, Advocate Mr. Gyan Prakash Tiwari, Advocate For the Respondent(s) : Ms. Leena Mukherjee, C.G.C.

---------

13/Dated:-29.01.2026

1. Heard learned counsel for the parties.

2. The instant writ application has been preferred by the

petitioner praying therein for quashing the order of punishment

2026:JHHC:2822

whereby it was ordered that five days' pay amount shall not be

paid to the petitioner.

3. Briefly stated, CISF is a Central Armed Police Force of

the Union of India. It is deployed in sensitive Sectors such as

Airports, Ports, Units of Department of Atomic Energy,

Department of Space, Metro, Coal Sector, Power and Steel. The

force is also deployed on Internal Security duties, VIP Security and

Election Duties. The force, therefore, requires maintaining

discipline of the highest order.

4. In the instant case, CISF No. 924523999 HC/GD

Bhawani Singh of CISF Unit, BCCL Dhanbad was issued with

charge memorandum under Rule-37 of CISF Rules, 2001 by Asstt.

Commandant, Area-XII CISF Unit BCCL, Dhanbad vide

memorandum No. V-15014 / BCCL / AC / AREA-XII / Disc /

2018 / 902 Dated 11.05.2018 for the following Article of Charge:-

आरोप बल सं या 924523999 आ/ जीडी भवानी सह े सं या 12, के औसुब इकाई बीसीसीएल धनबाद ने दनांक 16.03.2018 को िनरी क ारा अिनयिमत प से 12 घ टे कत पर लगातार तैनात कर हराशमे ट करने का िनराधार गलत / अस य आरोप लगाया गया साथ ही अपनी सम या का समाधान के िनपटारा हेतु िबना िवभागीय णाली (उपल ध आन लाइन र स े ल ऑफ ीवांस िस टम) का उपभोग कये सीधे माननीय धानमं ी भारत सरकार को संबोिधत ऑनलाइन ीवांस तुत कया िजससे उसके ारा व र अिधका रय (िनरी क) क एवं बल क ितमा को कलं कत कया गया। उ कृ य बल सद य के अनुशासनहीनता एवं उ अिधका रय के आदेश के ित अवहेलना को द शत करता है। अतः आरोप है।

5. As matter of fact, the petitioner had submitted a

complaint on 16.03.2018 directly to Hon'ble Prime Minister

through online grievance, without availing departmental remedy

by way of available online grievance system against Inspector /

2026:JHHC:2822

Area XII that the Inspector had harassed him continuously since

last six months by irregular deployment of 12 hours duty. As

such, to find out the fact, an enquiry was conducted by appointing

an Inquiry Officer Shri A K Sirohi, Asstt. Commandant CISF Unit

DVC Panchet, wherein a prima-facie case of allegation of

neglecting the orders of the senior officers and making

representation directly to Prime Minister of India without availing

the departmental system has been established.

6. The Inquiry officer conducted the preliminary enquiry

as per laid down procedure and came to the conclusion that

necessary approval for deployment of CISF personnel on 12 hours

in some areas/posts of Area No. XII due to shortage of manpower

on various reasons viz. Election duty / temporary duty /Course /

Posting / etc. was given by the Competent Authority viz. Asstt.

Commandant Area XII on 22.09.2017.

7. The petitioner during the period from October 2017 to

March 2018 was deployed for 12 hours duty on 26 occasions due

to operational requirement, whereas he was put on shift /

magazine duties for 8 hours on 125 occasions and he was also

granted 59 days leave during the period. As such the complaint /

grievance made by the petitioner alleging that he was being

harassed by the Inspector by being put on 12 hours duty for last

six months continuously / irregularly without the approval of the

competent authority, is baseless and false. Being, a disciplined

member of the force, making such false allegation against the

senior officer is a serious offence, which cannot be overlooked.

2026:JHHC:2822

Therefore, committing such an undisciplined act of making false

allegation against senior officer i.e., Inspector (Coy Commander)

tarnished the image of his senior as well as the Force and as per

terms and conditions of service, every member of the Force is

liable to maintain absolute discipline, integrity and his conduct

should be of a member of the disciplined Force and any breach of

rules and regulations is punishable under specific rules

/regulations of the organization.

8. Thereafter, after the issuance of charge sheet, an order

of punishment has been passed. Being aggrieved by the order of

punishment, the petitioner preferred an appeal which was duly

considered and the appellant authority after perusal of case file

and preliminary inquiry and sustained the order of punishment of

withholding five days' pay of the petitioner.

Petitioner has also assailed the order of appeal

sustaining the order of punishment, before the revisional

authority which was also dismissed.

9. Admittedly, the punishment imposed is a minor

punishment and as per the counter affidavit which has not been

rebutted by the petitioner, a preliminary inquiry was made; as

such, there is no procedural irregularity in imposing the

punishment.

10. Looking to the nature of charge, it appears that the

petitioner is expected to maintain high degree of discipline in all

aspects of life; as such, it was not expected from the petitioner,

who belonged to the disciplined force. Further on the issue of

2026:JHHC:2822

quantum of punishment, it is only withholding of five days' pay

which itself indicates that it is a sort of warning.

11. Looking to the overall facts and circumstances of the

case, this Court is not inclined to interfere with the impugned

orders. Accordingly, the instant writ application stands rejected.

12. Pending I.A., if any, also stands closed.

(Deepak Roshan, J.) JANUARY 29, 2026 vikas/-

uploaded 06.02.2026

 
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