Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Central Reserve Police Force Rules 14 & 27- Central Reserve Police Force Act 1949-s. JI & 18 1955-rr. 42 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Central Reserve Police Force Rules, 1955 - rr. 42, 14 & 27 - Central Reserve Police Force Act, 1949 - s. 11 & 18 - CRPF constable dismissed for having entered service by submitting fictitious certificate - His prayer for grant of pensionary benefits - Allowed by trial court and first appellate court - High Court, dismissed second appeal in limini holding that Rule 24 of the CCS (Pension) Rules did not govern the service conditions of respondent - Held: Rule 42 of CRPF Rules, which provides that even for CRPF personnel/force, Civil Service Regulations or Pension Rules are applicable, was not brought to notice of High Court - High Court wrongly concluded that CCS (Pension) Rules were not applicable, and made no discussion on merits - Matter remitted to it for fresh disposal on merits - Central Civil Services (Pension) Rules, 1972 - r.24. The respondent was enrolled as a constable in the Central Reserve Police Force. More than 29 years after his enrollment, respondent was found to have entered service by submitting fictitious school leaving certificate. He was held guilty under section 11(1) of the Central Reserve Police Force Act, 1949 read with Rule 27 of the CRPF Rules, 1955 and dismissed from service. He filed civil suit praying for reversal of the dismissal order and for grant of pensionary benefits for the past service rendered. Both the trial court and the first appellate court upheld the validity of the dismissal order but directed grant of pensionary benefits to respondent High Court, held that Rule 24 of the CCS (Pension) Rules did not govern the service conditions of respondent, and dismissed the second appeal in limine. Hence the present appeal. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2007 INSC 1183 |
Petitioner | Union Of India And Ors. |
Respondent | Amar Singh |
SCR | [2007] 12 S.C.R. 498 |
Judgement Date | 2007-11-23 |
Case Number | 5367 |
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