Madhya Pradesh High Court
Mukesh Khatik vs The Director General on 15 December, 2025
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
NEUTRAL CITATION NO. 2025:MPHC-JBP:67154
1 WP-44055-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 15th OF DECEMBER, 2025
WRIT PETITION No. 44055 of 2025
MUKESH KHATIK
Versus
THE DIRECTOR GENERAL AND OTHERS
Appearance:
Shri Krishna Pratap Singh - Advocate for the petitioner.
Standing Counsel Piyush Bhatnagar appeared for the respondent.
ORDER
By the present petition, the petitioner has called in question the order dated 03/10/2025 (Annexure P/5) and 01/11/2025 (Annexure P/7).
2. It is contended by the counsel that the petitioner sought permission for pursuing LLM in academic session 2025-27 from Raja Shanker Shah University, Chhindwara, M.P.. The said application was turned down by the respondents vide Annexure P/5 dated 03/10/2025. The petitioner preferred an appeal, however, the Appellate Authority has also dismissed the appeal.
3. It is contended by the counsel that the petitioner is willing to pursue L.L.M. and as per the time table, classes commence from 8:00 AM to 12:00 noon and the petitioner can very well perform his duties in "B" shift for which the petitioner is required to report at 12:30 PM. The petitioner is also available to perform duties in "C" shift. However, only on the basis of Signature Not Verified Signed by: ASTHA SEN Signing time: 16-12- 2025 17:27:11 NEUTRAL CITATION NO. 2025:MPHC-JBP:67154 2 WP-44055-2025 apprehension, the petitioner's request has been turned down.
4. Counsel for the petitioner contends that as per office memorandum dated 28/02/1955 (Annexure R/6) and Chapter-13 of circular contained in Annexure R/7 with the return, permission can very well be granted and if, according to the respondents, the petitioner is found guilty of neglecting his duties, it is for the respondents to withdraw permission any time without assigning reasons. Therefore, keeping in view of the documents which have been brought on record as Annexure R/6 and R/7, permission be granted. It is further contended by the counsel that the petitioner belongs to the reserved category and as per the office memorandum contained in Annexure R/6, there is a privilege to the candidate of the reserved category to avail full advantage of the education facility, which in the present case is being denied to the present petitioner.
5. Counsel for respondents submits that the return has been filed and as per the return, the petitioner is not entitled for permission inasmuch as, for the reasons which are detailed in Annexure P/5, if the permission is granted to the petitioner, the same would affect the functioning of the office of the respondents as the petitioner will not be able to report on duty on time. Thus, taking into consideration the entire aspect, by a well reasoned and detailed order, permission has been declined. Thus, the present petition is liable to be dismissed.
6. Having considered the submission and perusal of the record reflects that the request of the petitioner to pursue LLM degree has been declined by the respondents by passing order dated 03/10/2025. The relevant Signature Not Verified Signed by: ASTHA SEN Signing time: 16-12- 2025 17:27:11 NEUTRAL CITATION NO. 2025:MPHC-JBP:67154 3 WP-44055-2025 extract of the order dated 03/10/2025 is reproduced herein:
"That, you are posted at CISF Unit WCL Chhindwara and deployed at "C* Coy located at Bokai, Chhindwara which is approximately 36 kms away from the Raja Shankar ShahUniversity, Chhindwara.
That, the nearest camp of CISF Unit WCL Chhindwara i.e. Parasia is about 30 kms away fromthe university in question.
As such, if journey is undertaken by own vehicle around 45 minutes to 1.5 hours will take astravelling time for either. side of journey depending upon traffic and weather conditions. Thetravelling time may take higher duration if the journey will be undertaken by publictransport.
That, the timing of classes of LLM-Criminal Law is scheduled at Raja Shankar ShahUniversity, Chhindwara wef 0800 hrs to 1200 hrs. That, the intended permission will certainly limit the department to not deploy to you in "A"& "B" shifts duties as the class timing falls within the duration of "A* shift and you will not beable to report for "B" shift duty as it typically requires reporting at around 1230 hrs forbriefing followed by deployment at 1300 hrs. Hence, deployment only in "C* shift is feasible which is also not permissible as the SIs/Exeare deployed in all the three shifts at CISF Unit WCL Chhindwara on rotation basis and thusyour deployment only in "C" shift will 'adversely affect the rotation of duties of other SIs/Exeof the unit.
Despite pleading of your counsel before the Hon'ble Court that you shall Endeavour to perform your duties strictly in accordance with law, it is practically not feasible for a person to perform regular night duties with utmost alertness, followed by attending regular classes for perusing LLM course. Thus, the intended permission will distract you in day to day functioning in disposal of routine official duties.
That, the intended permission may restrict the department to your deployment forregimental duties, IS duties, Election duties etc."
7. A perusal of the aforesaid reflects that the respondents have proceeded to decline the permission on the ground that the college is situated Signature Not Verified Signed by: ASTHA SEN Signing time: 16-12- 2025 17:27:11 NEUTRAL CITATION NO. 2025:MPHC-JBP:67154 4 WP-44055-2025 at a distance of 30-35 Km from the nearest camp CISF Unit WCL Chhindwara, therefore, it will not be possible to the petitioner to report for duties after completion of college hours and thereby the petitioner would not be in a position to perform duties in shift-B which commences from 12:30 PM. There are three shifts i.e A, B and C and by rotation, employees are shifted. According to impugned order, the entire rotation system would be adversely affected, if the petitioner is allowed to pursue the aforesaid studies.
8. At this stage, it is profitable to refer to Annexure R/7, which are the guidelines brought on record by the respondents. Clause 13.02 of Annexure R/7 is reproduced herein:
13.02 "Keeping in view of the above said Government instructions, it has been decided to allow CISF personnel to pursue further studies / higher studies by joining educational institutions outside normal office hours (i.e. to attend morning & evening classes as regular/ correspondence or private students/candidates in their leisure time, subject to the following conditions: -
a) The pursuit does in no way detract him from his office efficiency;
b ) Whenever it is noticed that he has been neglecting his duties for the sake of his studies the permission would be withdrawn at any moment without assigning any reasons; and
c) The grant of leave for appearing in the examination would be subject to the exigencies of service."
9. A perusal of the aforesaid reflects that the permission to pursue studies can be accorded by the employer, and if the employee concerned is found guilty of neglecting his official duties, permission can be cancelled at any time without assigning reasons. Prima facie, a perusal of order contained in Annexure P/5 reflects that the same has been passed on apprehension that the petitioner would not be able to perform his duties on account of the Signature Not Verified Signed by: ASTHA SEN Signing time: 16-12- 2025 17:27:11 NEUTRAL CITATION NO. 2025:MPHC-JBP:67154 5 WP-44055-2025 college hours. However, a perusal of the order contained in Annexure P/5, reflects that the college of the petitioner gets over by 12:00 noon and he is required to report at 12:30 PM, thus, as the order has been passed on the basis of apprehension, this Court is of the view that the orders dated 03/10/2025 and 01/11/2025 are unsustainable.
10. Accordingly, orders dated 03/10/2025 and 01/11/2025 stand set aside. Respondents are directed to accord permission to the petitioner to pursue L.L.M. degree within a period of 15 days from the date of production of a certified copy of this order.
11. It is made clear that if the petitioner is found guilty of neglecting his official duties, the respondents shall be well within their rights to cancel the permission any time without assigning any reasons. Respondents shall also be at liberty to initiate disciplinary action against the petitioner.
12. Accordingly, the petition stands allowed.
(MANINDER S. BHATTI) JUDGE Astha Signature Not Verified Signed by: ASTHA SEN Signing time: 16-12- 2025 17:27:11