Vishal Singh v. Union of India & Anr.

1. Mr. Mandeep Baisala, learned Counsel for the petitioner for the present restricts his prayer in the petition to a direction to the respondents to treat this writ petition as a representation in terms of Rule 26 of the CISF Rules, 2001 and to take a decision thereon within a time to be fixed by the Court. Rule 26 reads thus: “26. Termination- (1) Where the appointing authority has terminated the services of a probationer, (the Inspector General) may own his own motion or otherwise reopen the case and after making such enquiry as thinks fit may:

(i) confirm the action taken by the appointing authority;

(ii) withdraw the notice;

(iii) reinstate the probationer in service; or

(iv) make such other order in the case as he may consider proper:

Provided that except in special circumstances, which should be recorded in writing, no case shall be reopened under this sub-rule after the expiry of three months. (a) From the date of notice, in a case where notice is given. (b) From the date of termination of service in a case where no notice is given. (2) Where a probationer is reinstated in service under above rule, the order of reinstatement shall specify; (i) the amount of proportion of pay and allowances, if any, to be paid to the probationer for the period of his absence between the date of termination of his services and date of his reinstatement; and (ii) whether the said period shall be treated as a period (spent) on duty for any specified purpose or purposes. (3) Where the Inspector General has terminated the service of a probationer, acting as appointing authority, all the powers prescribed in sub-rule (1) and (2) above shall be exercised by the Director General and where the Director General has issued the order of termination by the Central Government. (4) During the period of probation or its extension thereof, as the case may be, the appointing authority may without assigning any reason terminate the services of a member of the Force on the grounds of furnishing false or incorrect information at the time of appointment of that member of the Force or for his failure to pass the basic training or repeat course, by tendering a notice of one month to that effect or one month’s pay in lieu thereof.”

2. Having heard learned Counsel for the parties, we are of the opinion that the prayer of the petitioner deserves to be allowed.

3. Accordingly, we dispose of this writ petition with a direction to the IG to treat this writ petition as a representation and to take a decision thereon in terms of Rule 26 of the CISF Rules within a period of eight weeks from today and to communicate the decision to the petitioner.

4. Should the petitioner continue to remain aggrieved, his rights in law would remain reserved.

5. The petition is disposed of in the aforesaid terms.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J. DECEMBER 11, 2025