- 1 - HC-KAR NC: 2025:KHC:52714 WP No. 37281 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 37281 OF 2025 (S-RES) BETWEEN: MRS. ABHILASHA S D/O. SIDDAIAH R., AGED ABOUT 35 YEARS, OCC: LADY CONSTABLE/GD R/O NO.514, SOSALE VILLAGE SOSALE POST T. NARASIPURA TALUK MYSORE DISTRICT KARNATAKA 571120. CURRENTLY RESIDING AT NO.41, CISF QUARTERS, BRBNMPL CIDF UNIT, NOTE MUDRAN NAGAR MYSORE 570003 KARNATAKA. …PETITIONER (BY SMT. HARSHITHA MANI, ADVOCATE FOR SRI. MANJUNATHA P V., ADVOCATE) AND: 1. THE UNION OF INDIA REP. BY ITS HOME SECRETARY, MINISTRY OF HOME AFFAIRS, ROOM NO. 113, NORTH BLOCK, NEW DELHI 110001. Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52714 WP No. 37281 of 2025 2. THE DEPUTY COMMANDANT (FIRST APPELLATE AUTHORITY), CISF UNIT, BRBNMPL, NOTE MUDRAN NAGAR, MYSORE 570003 3. THE ASSISTANT COMMANDANT (DISCIPLINARY AUTHORITY), CISF UNIT, BRBNMPL, NOTE MUDRAN NAGAR, MYSORE 570003. 3. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE APPELLATE ORDER DATED 19.09.2025 MADE IN NO. V-15014/CISF/BRBNMPL(M)/DISC/MINOR-10/AS/2025- 5465 (ANNEXURE-S) PASSED BY THE DEPUTY COMMANDANT, CISF UNIT, BRBNMPL, MYSORE, I.E, THE RESPONDENT NO.2 HEREIN, AS BEING ARBITRARY, ERRONEOUS AND OPPOSED TO LAW, EQUITY AND JUSTICE. (II) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, QUASHING THE FINAL ORDER DATED 02.07.2025 MADE IN NO. V- 15014/CISF/BRBNMPL(M)/DISC/MINOR-10/AS/2025-3885, (ANNEXURE-K), PASSED BY THE ASSISTANT COMMANDANT, CISF UNIT, BRBNMPL, MYSORE, I.E, THE RESPONDENT NO.3 HEREIN, AS BEING ARBITRARY, ERRONEOUS AND OPPOSED TO LAW, EQUITY AND JUSTICE. ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION QUASHING THE MEMORANDUM CHARGE NO. V- 15014/CISF/BRBNMPL(M)/DISC/MINOR-10/AS/2025-2821 DATED 15.05.2025 (ANNEXURE-E) ISSUED BY THE ASSISTANT COMMANDANT, CISF UNIT, BRBNMPL, MYSORE, I.E, THE RESPONDENT NO.3 HEREIN, AS BEING ARBITRARY, ERRONEOUS AND OPPOSED TO LAW EQUITY AND JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:52714 WP No. 37281 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner filed this writ petition seeking the following reliefs: i. Issue a Writ of Certiorari or any other Writ or direction, quashing the Appellate Order dated 19.09.2025 made in No. V- 15014/CISF/BRBNMPL(M)/Disc/Minor-10/AS/2025- 5465 (Annexure-S) passed by the Deputy Commandant, CISF Unit, BRBNMPL, Mysore, i.e, the Respondent No.2 herein, as being arbitrary, erroneous and opposed to law, equity and justice. ii. Issue a Writ of Certiorari or any other Writ or direction, quashing the Final Order dated 02.07.2025 made in No. V- 15014/CISF/BRBNMPL(M)/Disc/Minor-10/AS/2025- 3885, (Annexure-K), passed by the Assistant Commandant, CISF Unit, BRBNMPL, Mysore, i.e, the Respondent No.3 herein, as being arbitrary, erroneous and opposed to law, equity and justice. iii. Issue a Writ of Certiorari or any other Writ or direction quashing the Charge Memorandum No. V- 15014/CISF/BRBNMPL(M)/Disc/Minor-10/AS/2025- 2821 dated 15.05.2025 (Annexure-E) issued by the Assistant Commandant, CISF Unit, BRBNMPL, Mysore, i.e, the Respondent No.3 herein, as being arbitrary, erroneous and opposed to law equity and justice. - 4 - HC-KAR NC: 2025:KHC:52714 WP No. 37281 of 2025 2. Brief facts leading rise to the filing of this writ petition are as follows: 3. The petitioner is appointed as a Lady Constable and serving in Central Industrial Security Force ('CISF' for short) unit, BRBNMPL, Mysore. She was transferred to the said unit for a period of one year without transfer benefits. To enable her to address her marital dispute as well as undergoing treatment for her mental condition. During this period, the Group Commandant, CISF Group Headquarters, Chennai, vide communication dated 30.04.2025 bearing No.(917) detailed the petitioner for Yoga ToT course at RTC, Thakkolam village, Arakkonam, for a duration of 12 weeks from 05.05.2025 to 26.07.2025. She submitted her representation dated 02.05.2025 to the Deputy Commandant, CISF Unit, BRBNMPL, Mysore, seeking exemption from yoga ToT course. However, on the very next day a Movement Order was issued i.e., on 03.05.2025 directing her to - 5 - HC-KAR NC: 2025:KHC:52714 WP No. 37281 of 2025 report to the office in-charge at RTC, Thakkolam village, for the said course. The petitioner did not obey the orders of the Deputy Commandant. A preliminary inquiry was conducted and thereafter, disciplinary proceedings were initiated against her by issuing of a charge memorandum dated 15.05.2025. The final order was passed on 02.07.2025, holding that the petitioner is guilty of gross indiscipline, misconduct and disobedience of official orders, and imposed a penalty of reduction by one stage in the time scale of pay from ₹27,600/- to ₹ 26,800 for 3 years, without cumulative effect and without affecting pension. The said order of penalty was challenged before the Appellate Authority. The Appellate Authority confirmed the order of disciplinary authority and dismissed the appeal. Hence, this writ petition. 4. Heard the learned counsel for the petitioner. - 6 - HC-KAR NC: 2025:KHC:52714 WP No. 37281 of 2025 5. Learned counsel for the petitioner submits that the petitioner submitted a representation seeking exemption from Yoga ToT course on the ground that she is a patient of chronic sciatica and varicose veins resulting in persistent pain, swelling and mobility limitations. She submitted that the petitioner had no intention to disobey the Movement Order issued by the Deputy Commandant. Due to medical grounds, she could not report to the duty. The said aspect was not adequately considered by the enquiry officer and disciplinary authority. A final order passed by the disciplinary authority is perverse and unsustainable in law. The Appellate Authority, without considering the evidence on record, has confirmed the order passed by the disciplinary authority. Hence, the impugned orders passed by the disciplinary authority, and the Appellate Authority is perverse, and arbitrary. Hence, on these grounds, she prays to allow the writ petition. - 7 - HC-KAR NC: 2025:KHC:52714 WP No. 37281 of 2025 6. Perused the records, and considered the submissions of the learned counsel for the petitioner. 7. It is an undisputed fact that the petitioner is working as a lady constable in CISF unit and she was transferred to the said unit for one year, so as to enable her to address her marital dispute as well as for undergoing treatment for her mental condition. A Group Commandant vide letter dated 30.04.2025 deputed the petitioner for yoga ToT course for a duration of 12 weeks from 05.05.2025 to 26.07.2025. 8. The petitioner instead of joining Yoga ToT course submitted a representation on 02.05.2025 to the Deputy Commandant seeking exemption from Yoga ToT course. The Deputy Commandant passed a Movement Order on 03.05.2025, wherein the petitioner has refused to accept the Movement Order. By refusing the Movement Order the petitioner has disobeyed the orders of the higher authorities. A - 8 - HC-KAR NC: 2025:KHC:52714 WP No. 37281 of 2025 disciplinary authority conducted a preliminary inquiry and thereafter disciplinary inquiry was undertaken against the petitioner by issuing a charge memorandum dated 15.05.2025, wherein the charge levied against the petitioner reads as follows: " It is proposed to take disciplinary action under Rule-37 of CISF Rules, 2001 against CISF No.170402387, L/CT/GD/Abhilasha S. The substance of the imputation of tantamount to gross indiscipline, misconduct, disobedience of lawful orders, for which disciplinary action contemplated given in Annexure-A to the memorandum." 9. The petitioner replied to the memorandum of charges on 26.05.2025 vide Annexure-F. The disciplinary authority, being dissatisfied with the reply submitted by the petitioner, decided to conduct an inquiry and appointed an Inquiry officer and the petitioner appeared before the inquiry officer, and participated - 9 - HC-KAR NC: 2025:KHC:52714 WP No. 37281 of 2025 in the inquiry. A inquiry officer, after considering the entire material placed on record, has submitted a report holding that the charge levied against the petitioner are proved, held the petitioner guilty of gross indiscipline, misconduct and disobedience of official orders. The disciplinary Authority after the receipt of inquiry report issued a show cause notice enclosing inquiry report and show cause as to why action should not be taken? and the disciplinary authority being dissatisfied with the reply has passed an order imposing penalty of 'reduction by one lower stage in the time scale of pay by one scale i.e., from ₹ 27,600/- to ₹ 26,800/- pay i.e., (L-3) of the pay matrix, for 3 years without cumulative effect and not adversely effecting her pension'. 10. The petitioner, aggrieved by the order of punishment dated 02.07.2025 preferred an appeal before the Appellate Authority. The Appellate Authority vide Order dated 19.09.2025 dismissed the appeal. - 10 - HC-KAR NC: 2025:KHC:52714 WP No. 37281 of 2025 11. Admittedly, the Deputy Commandant, considering the medical condition of the petitioner deputed the petitioner for yoga ToT course from 05.05.2025 to 26.07.2025. The petitioner submitted a representation on 02.05.2025 seeking an exemption from Yoga ToT course. On the next day, the Deputy Commandant issued a Movement Order on 03.05.2025 directing the petitioner to report to the officer in charge at RTC. The petitioner refused to accept the Movement Order. By refusing the Movement Order, the petitioner has shown disrespect to the higher authorities, and shown gross indiscipline and disobedience of law and orders. The disciplinary authority, considering the entire material on record, has passed the order of punishment. The Appellate Authority considering the entire material on record, confirmed the order passed by the disciplinary authority. - 11 - HC-KAR NC: 2025:KHC:52714 WP No. 37281 of 2025 12. The Hon'ble Apex Court, consistently held that the judicial review under Article 226 in a service matter is limited, focusing on jurisdictional errors, violation of natural justice or fundamental rights, not appreciating the evidence or acting as an appellate body over the disciplinary findings, especially where the Appellate Authority has re-appreciated the entire evidence on record. The Hon'ble Apex Court in the case of Union of India v. P. Gunashekaran reported in (2015) 2 SCC 610, held that interference of this court in exercise of its power under Article 226 of the Constitution of India in disciplinary proceedings is permissible in case there is some perversity in the findings recorded by the disciplinary authority. 13. From the perusal of the entire evidence on record, it is evident that the disciplinary authority has provided a sufficient opportunity to the petitioner, and thus, there is no violation of principles of natural justice. - 12 - HC-KAR NC: 2025:KHC:52714 WP No. 37281 of 2025 The disciplinary authority and the Appellate Authority, based on the material placed on record, have passed the orders. Thus, there is no perversity in the findings recorded by the disciplinary authority and the Appellate Authority. In view of the above discussion, I do not find any grounds to entertain the writ petition. 14. Accordingly, I proceed to pass the following order. ORDER i. The writ petition is dismissed. ii. In view of dismissal of the writ petition, I.A.No.1/2025 do not survive for consideration. Accordingly, stands disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV