New Delhi: The Delhi High Court has ruled that a jawan appointed to the Central Armed Forces, including the Central Industrial Security Force (CISF), is required to complete a minimum of 10 years of service after training.
The Court made it clear that if a jawan voluntarily leaves the service during training or before completing the mandatory service period, the training fees deposited will not be refunded, as the government incurs substantial expenditure on training and preparation.
The ruling came while dismissing a petition filed by a CISF Sub-Inspector, who had sought a refund of the amount deposited during his training.
CISF Mandatory Service Rule: Key Observation of the Delhi High Court
Explaining the rationale behind the rule, the Delhi High Court observed that the government spends lakhs of rupees on the training of each jawan of the Central Armed Forces. This includes costs related to infrastructure, facilities, instructors, equipment, and other resources.
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The Court said that if a recruit leaves the service midway, the government suffers a significant financial loss. To prevent such losses and ensure commitment to national service, the condition of mandatory service and forfeiture of training fees has been put in place.
Background of the Delhi High Court Order on CISF Mandatory Service Rule
The case pertained to a candidate appointed as a Sub-Inspector in the Central Industrial Security Force (CISF), who resigned during the training period. After leaving the force, the petitioner approached the Delhi High Court seeking the refund of Rs 2,57,544, the amount he had deposited towards training, along with interest.
The petitioner argued that since he had not completed training, the amount should be returned.
CISF Mandatory Service Rule: Court Rejects Plea, Cites Prior Consent
The bench comprising Justice B. Kameshwar Rao and Justice Manmeet Pritam Singh Arora dismissed the petition, holding that the plea had no merit.
The Court pointed out that every candidate, at the time of recruitment, gives a written undertaking agreeing that if they leave the service voluntarily, the amount deposited for training will not be refunded. The petitioner had also signed the consent letter, accepting these conditions.
Therefore, the Court ruled that he could not later challenge the same terms after voluntarily resigning.
Family Reasons Cited, But Facts Told a Different Story
The petitioner had initially cited family reasons for resigning from the CISF. Following this, the CISF authorities even conducted counseling sessions in an attempt to persuade him to continue with the service, but he remained firm in his decision to quit.
However, during court proceedings, it emerged that the petitioner was simultaneously applying for another government job while undergoing CISF training.
He eventually secured a position as a Junior Judicial Assistant, casting doubt on his stated reasons for resignation.
Court’s Strong Observations on Conduct
Taking a serious view of the matter, the High Court remarked that seeking alternative employment after securing a government post in the armed forces reflects irresponsible conduct.
The Court emphasized that the amount deposited during training acts as a form of security to ensure that the individual serves the nation for at least 10 years. Allowing refunds in such cases would defeat the very purpose of the policy, it said.
In clear terms, the Court concluded that the training fee cannot be refunded when a jawan voluntarily leaves service before fulfilling the mandatory tenure.
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