The Kerala High Court (Ernakulam Bench) ruled that when all the wings of the Central Armed Police Forces (CAPFs) are discharging duties that can be described as sensitive in view of the national security requirements, it cannot be said that CISF personnel require a different yardstick in the matter of security and discipline.

Thus, the Court asserted that the denial of the benefit of the liquor canteen facility to the retired CISF personnel, which is very much available to the other armed police forces, offends Article 14 of the Constitution of India.

The Court also quashed the order issued by the Director General of CISF and declared that retired CISF personnel are entitled to purchase liquor through the Central Liquor Management System (CLMS) from CRPF canteens or any other CAPF canteen in Kerala.

A Single Judge Bench of Justice N. Nagareśh emphasized that welfare facilities granted by the Ministry of Home Affairs cannot be unilaterally curtailed by individual Force heads, particularly when the policy intention was to create uniformity across CAPFs. Also, the reasoning that extending liquor facilities to retirees might lead to similar demands from serving personnel would be illogical.

The Single Judge thus concluded that the CISF’s selective exclusion of retirees was constitutionally impermissible and contrary to the principle of non-arbitrariness. Accordingly, he issued a direction to the CISF to share the data of retired personnel with other CAPFs and ordered the CRPF to resume liquor sales to such retirees without delay.

Briefly, in this case, the petitioners, retired members of the CISF, claimed that although the Union Ministry of Home Affairs had introduced a Central Police Force Canteen System (CPFCS) in 2006 for all CAPFs, including CISF, CRPF, BSF, ITBP, SSB, and Assam Rifles, the CISF retirees were denied access to liquor canteen facilities.

The petitioners highlighted that while other CAPFs were permitted to obtain liquor through State-approved canteens under the Central Liquor Management System (CLMS), retired CISF personnel were specifically excluded.  Initially, CRPF had resumed liquor sales to retired CISF personnel. However, this was abruptly discontinued, contending that granting a liquor facility would violate its internal policy and could affect the discipline and security of vital installations under its protection.

Appearances:

Sanjay and Sanil Kumar G, for the Petitioner
Deputy Solicitor General O.M. Shalina, for the Respondent