- 1 - HC-KAR NC: 2025:KHC:42111-DB WA No. 1193 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 1193 OF 2025 (S-RES) BETWEEN: 1. DIRECTOR GENERAL UNDER MINISTRY OF HOME AFFAIRS, CGO COMPLEX, BLOCK-13, LODHI ROAD, NEW DELHI-110001. 2. INSPECTOR GENERAL CISF, DAE/DOS UNDER MINISTRY OF HOME AFFAIRS, CGO COMPLEX, BLOCK-13, LODHI ROAD, NEW DELHI-110001. 3. DY. INSPECTOR GENERAL CISF/DOS UNDER MINISTRY OF HOME AFFAIRS, ANTARIKSH BHAWAN, NEW BEL ROAD, BANGALORE, KARNATAKA-560094. 4. COMMANDANT, CISF/SDSC SHAR, SHRIHARIKOTA, ANDRAPRADESH-524124. 5. THE DY. COMMANDANT CISF UNIT, MCF, HASSAN, KARNATAKA-573201. …APPELLANTS (BY SRI. PRAMOD B., ADVOCATE) Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42111-DB WA No. 1193 of 2025 AND: 1. SRI JAYANNA N S/O. NAGAPPA AGED ABOUT 44 YEARS, SINGATAGERE VILLAGE, KADUR TQ, CHIKKAMAGALORE DISTRICT, KARNATAKA-577138. …RESPONDENT (BY SRI. H.S.PRASHANTH., ADVOCATE FOR C/R-1) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 01.04.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-32597/2019. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The instant writ appeal has been filed by the Central Industrial Security Force (for short 'the CISF') impugning the judgment and order dated 01.04.2025 passed by the learned Single Judge in W.P.No.32597/2019 (S-RES) filed by the respondent No.4, who was dismissed from service vide order dated 09.01.2018, after conducting the disciplinary proceedings against him. - 3 - HC-KAR NC: 2025:KHC:42111-DB WA No. 1193 of 2025 2. For the sake of convenience the parties are referred to as per their ranking before the learned Single Judge. 3. The solitary charge against the petitioner reads as under :- "That on 02.06.2017 at about 07:55 hrs CISF No.034430242 constable/GD Jayanna N of CISF Unit, MCF Hassan who was on medical rest was involved in assault/scuffle with CISF No.071735036 CT/GD Ramdas Soren while he was on "A" shift duty from 05:00 hrs to 13:00 hrs at EWR duty post, Anthriksha Nagar Housing Colony, Hassan by saying that "KYA THUM AJKAL JAYADA UCHALTEHO, MAIN LOCAL HU TUMKO PITWADUNGA AUR MARWADUNGA AUR FAMILY KO BE PITWADUNGA YE KHYAL RKHNA AUR TUMARA WHO HAL KARUNGA JO SHIBU N AUR SREEKANTH R KA KIYA HAI" and manhandled him without any provocation, as a result CT/GD Ramdas Soren Sustained injury on his left hand forearm. The above act of CISF No.034430242 Const/GD Jayanna N amounts tantamount to gross indiscipline, misconduct and an act of unbecoming a member of Armed Force of the Union. Hence, the charge." - 4 - HC-KAR NC: 2025:KHC:42111-DB WA No. 1193 of 2025 4. The learned Single Judge has examined the case in detail and has found the punishment imposed on the petitioner is shockingly disproportionate to the alleged misconduct committed by him. 5. We agree with the contention of the learned counsel for the appellants that the CISF is a disciplinary force of the Union and highest standard of discipline should be maintained by the Personnel employed in the said force. However, considering the fact that it was a minor scuffle which resulted in instituting the disciplinary proceedings against the petitioner, we concur with the view taken by the learned Single Judge that the punishment of dismissal from service imposed on the petitioner is shockingly disproportionate to the alleged misconduct. The learned Single Judge has modified the order of dismissal to withholding of one increment without cumulative effect inasmuch as the learned Single Judge was of the view, that the scuffle had not taken place during the duty hours - 5 - HC-KAR NC: 2025:KHC:42111-DB WA No. 1193 of 2025 and it was a result of a sudden provocation and therefore, only minor penalty should have been imposed on the petitioner. 6. However, considering the fact that CISF is a disciplinary force of the Union and the Personnel employed in the force are required to maintain high degree of discipline in their conduct, we modify the impugned judgment and order passed by the learned Single Judge. 7. In view of the aforesaid, we dispose of this appeal by modifying the impunged judgment and order passed by the learned Single Judge as under :- a. The punishment is modified as withholding of one increment with cumulative effect. b. The second direction in respect of 50% of the back wages is also modified to 30% back wages from the date of his termination till the date of his reinstatement. - 6 - HC-KAR NC: 2025:KHC:42111-DB WA No. 1193 of 2025 8. In view of disposal of the appeal, pending I.As, if any, stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (RAJESH RAI K) JUDGE NG List No.: 1 Sl No.: 13