| Headnote |
Central Reserve Police Force Rules, 1955 – Rule 27 – Central Reserve Police Force Act, 1949 – Section 11 – Punishment of compulsory retirement prescribed in Rule 27, if ultra vires the CRPF Act: Held: The rule-making power of the Central Government found in Section 18 is in broad terms – The Central Government is not only empowered to make rules for regulating the award of minor punishment under Section 11 but also to carry out the purposes of the Act which includes superintendence of, and control over, the Force as well as its administration – The delegate cannot override the Act either by exceeding the authority or by making provisions inconsistent with the Act however, when the enabling Act itself permits its modification by rules, the rules made prevail over the provision in the Act – While enacting the CRPF Act the legislative intent was not to declare that only those minor punishments could be imposed as are specified in Section 11 of the CRPF Act – Rather, it was left open for the Central Government to frame rules to carry out the purposes of the Act and the punishments imposable were subject to the rules framed under the Act – Section 8 vests the superintendence and control over the Force in the Central Government – ‘Control’ is a word of wide amplitude and includes disciplinary control – Therefore, if the CRPF Act envisages vesting of control over the Force in the Central Government and the various punishments imposable under Section 11 are subject to the rules made under the Act, the Central Government in exercise of its general rule-making power, to ensure full and effective control over the Force, can prescribe punishments other than those specified in that section, including the punishment of compulsory retirement – To keep the Force efficient, weeding out undesirable elements therefrom is essential and is a facet of control over the Force, which the Central Government has over the Force by virtue of Section 8 of the CRPF Act – Thus, to ensure effective control over the Force, if rules are framed, in exercise of general rule-making power, prescribing the punishment of compulsory retirement, the same cannot be said to be ultra vires Section 11 of the CRPF Act, particularly when sub-section (1) of Section 11 clearly mentions that the power exercisable therein is subject to any rules made under the Act – The punishment of compulsory retirement prescribed by Rule 27 is intra vires the CRPF Act and is one of the punishments impossible – In the present case, respondent was part of a disciplined force and was found guilty of assaulting his colleague – Punishment awarded not shockingly disproportionate to the proven misconduct – Rather, considering his past service, already a sympathetic view was taken in the matter and no further latitude needs be shown – The punishment of compulsory retirement awarded to the respondent is affirmed – Impugned order of the High Court set aside. [Paras 17, 29, 30-32, 35, 36]Service Law – Service jurisprudence – Punishments – Compulsory retirement: Held: Ordinarily a person in service cannot be visited with a punishment not specified in the contract of service or the law governing such service – Punishments may be specified either in the contract of service or in the Act or the rules governing such service – Compulsory retirement is a well-accepted method of removing dead wood from the cadre without affecting his entitlement for retirement benefits, if otherwise payable – It is another form of terminating the service without affecting retirement benefits – Ordinarily, compulsory retirement is not considered a punishment – But if the service rules permit it to be imposed by way of a punishment, subject to an enquiry, so be it. [Paras 18, 33] Interpretation of Statutes – Central Reserve Police Force Act, 1949 – ss.11, 9, 10 – “subject to”: Held: As regards Section 11 being exhaustive of the minor punishments which could be imposed, the intention of the legislature appears to the contrary – Section 11 expressly uses the phrase “subject to any rules made under this Act” before “award in lieu of, or in addition to, suspension or dismissal any one or more of the following punishments” – While prescribing punishment for “more heinous offences” and “less heinous offences” in Sections 9 and 10 respectively, the phrase “subject to any rules made under this Act” is not used – The expression “subject to” conveys the idea of a provision yielding place to another provision or other provisions subject to which it is made. [Para 28] Administrative Law – Delegate’s power to make rules: Held: The intention of the legislature, as indicated in the enabling Act, must be the prime guide to the extent of delegate’s power to make rules – However, the delegate must not travel wider than the object of the legislature rather it must remain true to it. [Para 24] Words and Phrases – ‘control’ – Concept and import of – Discussed – Central Reserve Police Force Act, 1949. |
