Court : Delhi
..... - (1) where the services of an enrolled member of the force and lent to a state government or other authority herein after in this rules referred to as "borrowing authority", the borrowing authority shall have the powers of the appointing authority for the purpose of placing such member of the force under suspension and of the disciplinary authority for the purpose of conducting a disciplinary proceedings against him.".6. ..... rule 41 of cisf rules, 2001 is reproduced for the sake of reference which as under: "rule 41- provision regarding enrolled member of the force, lent to state government etc. ..... the said rule only vests the borrowing department with powers of appointing authority for purpose of placing such member of the force under suspension and of the disciplinary authority for the purpose of conducting the disciplinary proceedings. ..... in the circumstances the disciplinary authority would be the parent department of the petitioner that is central industrial security force and not the borrowing department, wp(c) no.7716/2011 page 8 of 15 delhi armed police. ..... the petitioner contended that central industrial security force is under the ministry of home affairs having its headquarter at new delhi and deputy inspector general is one of the subordinate officers and he was the appellate authority of the petitioner..3. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(2)ALD435
..... order as it may deem fit, within six months of the date of communication of the order proposed to be revised:provided that no order imposing or enhancing any penalty shall be made by any revisioning authority unless the enrolled member of the force concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it is proposed to impose any of the penalties specified in clauses (i) to (v) of rule 34 or to enhance the penalty imposed by the order sought to be revised to any of the penalties specified in those clauses, and if any, inquiry under ..... rule 36 of central industrial security force rules, 2001 has not already been held in the case no such penalty shall be imposed except after .....
Tag this Judgment!Court : Delhi
Reported in : 150(2008)DLT450; 2008(103)DRJ486
..... order as it may deem fit, within six months of the date of communication of the order proposed to be revised:provided that no order imposing or enhancing any penalty shall be made by any revisioning authority unless the enrolled member of the force concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it is proposed to impose any of the penalties specified in clauses (i) to (v) of rule 34 or to enhance the penalty imposed by the order sought to be revised to any of the penalties specified in those clauses, and if any, inquiry under ..... rule 36 of central industrial security force rules, 2001 has not already been held in the case no such penalty shall be imposed except after .....
Tag this Judgment!Court : Kolkata
Reported in : [2000(85)FLR922],(2000)IILLJ894Cal
..... officers and enrolled members of the force to be deemed to be railway servants. ..... act, 1948, or any corresponding law relating to investigation and settlement of industrial disputes in force in state shall apply to members of the force.2(n) 'workman' means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business) who is - (i) a railway servant as defined in section 3 of the indian railways act, 1890 (9 of 1890), not permanently employed in any administrative, district or sub-divisional office of a railway and not employed in any such ..... section 10 of the rpf act is a deeming provision and by virtue of the said provision the member of the force shall for all purposes be regarded as railway servant within the meaning of indian railways act, 1890, other than chapter vi-a thereof and shall be entitled to exercise the power conferred on railway servants by and under that act.6 ..... by virtue of the said provision, a member of the forces cannot be treated to be railway servant for the purpose of interpretation of the other acts including the 1923 act. ..... sri sen, the learned advocate appearing on behalf of the petitioner, contends that the deceased employee being a member of the armed forces cannot be said to be a workman within the meaning of the 1923 act inasmuch as section 2(n) of the 1923 act specifically excludes a person working in the capacity of a member of the armed forces of the union. .....
Tag this Judgment!Court : Delhi
..... assistance (vii) traveling and transfer allowance, and (viii) other financial matters, superior officers and enrolled members of the force shall be governed by the provisions of these rules or where no specific provisions has been made in these rules then by the extant railway rules in the same manner as officers holding the corresponding ranks or grades in the railway are governed by the railway rules; provided that the extant railway rules relating to the aforesaid matters may be modified by the central government from time to time in their application to the members of the force. 13. ..... in any other law for the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any member of the force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provisions of this act or the rules thereunder shall be commenced within the act complained of shall have been committed and not otherwise; and notice in writing of such proceeding and of the cause thereof shall be given to the person concerned and his superior .....
Tag this Judgment!Court : Supreme Court of India
..... (ii) the force shall be constituted in such manner, shall consist of such number of superior officers, subordinate officers, under officers and other enrolled members of the force and shall receive such pay and other remuneration as may ..... the thrust of the submissions before the high court was that the definition of workman as per section 2 (n) of the 1923 act excludes any person working in the capacity of a member of the armed forces of the union, therefore, since section 3 of the railway protection force act, 1957 (in short, the 1957 act ) declared the rpf as an armed force of the union, the deceased being a constable in the rpf would not be a workman within the meaning of section 2 (n) of the 1923 act; hence, claim petition under the 1923 act was ..... , we may notice that, though section 19 of the 1957 act declared that nothing contained in the payment of wages act, 1936 or the industrial disputes act, 1947 or the factories act, 1948 or any corresponding law relating to civil appeal no.3592 of 2019 page 29 of 31 investigation and settlement of industrial dispute in force in a state shall apply to members of the force (rpf), there is no exclusion of the applicability of the provisions of the 1923 act.61. ..... - director general and every member of the force shall for all purposes be regarded as railway servants within the meaning of the indian railways act, 1890 (9 of 1890) other than chapter vi-a thereof, and shall be entitled to exercise the powers conferred on railway servants by or .....
Tag this Judgment!Court : Madhya Pradesh
..... (i) violation of any duty; (iv) withdrawing from duty of his office without permission; (vii) engaging himself without authority for any employment other than his duty as an enrolled member of the force; (xxii) aiding or abetting or attempting to commit any of the offences under this act or these rules or doing any act towards the commission of such offence. ..... the relevant rules whereunder the petitioner had been charged provides for:146.2 neglect of duty: no member of the force without good and sufficient cause shall(i) neglect or omit to attend to or fail to carry out with due promptitude and diligence anything which is his duty as a member of the force to attend to or carry out; or 146.4 discreditable conduct: no member of the force shall act in any manner prejudicial to discipline or conduct himself in such a manner which is reasonably likely to bring discredit to the reputation of the force. ..... in the case at hand the charges leveled against the petitioner certainly exposit, though prima facie, a conduct unbecoming of a member of the disciplined force and the same cannot, therefore, be interfered with at the charge sheet level, as has been held by their lordships the supreme court in union of india and another v. .....
Tag this Judgment!Court : Delhi
..... similar prayer is made for quashing/deleting proviso to rule 1.3 (partly) to the extent it makes rules 83 to 86 inapplicable to superior officers and other enrolled members of the force appointed on deputation as such appointment would be ultra vires the railway protection force act, 1957 and article 14 of the constitution. ..... , clothing and other necessary articles to be furnished to the members of the force; (e) prescribing the places of residence of the member of the force; (f) institution, management and regulation of any fund for any purpose connected with the administration of the force; (g) regulating the punishments and prescribing authorities to whom appeal shall be preferred from orders of punishment, or remission of fines, or other punishments and the procedure to be followed for the disposal of such appeals; (h) regulating matters with respect to force custody under this act, including the procedure to be followed for taking persons into such .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(5)ALLMR(SC)966; (2008)8MLJ1139(SC); 2008(8)SCALE482; (2008)11SCC314; 2008(3)SLJ281(SC)
..... rule 67 provides that a direct recruit selected for appointment as an enrolled member of the force is liable to be discharged at any stage if the chief security officer, for reasons to be recorded in writing, deems it fit to do so in the interest of the force till such time as the recruit is not formally appointed to the force. ..... a reading of these two rules would reveal that till a recruit is formally enrolled to the force his appointment is extremely tenuous. ..... of india has submitted that the finding of the learned single judge as also the division bench of the high court was clearly erroneous inasmuch that the respondent was admittedly a probationer and had been sent for training, subject to the verification of the details given by him in his attestation form and as the facts stood, the respondent had himself admitted that the two prosecutions were indeed pending on the day when he had filled in the form, the question of any need for enquiry or an opportunity ..... the learned counsel has accordingly placed reliance on rules 57 and 67 of the railway protection force rules, 1987 (hereinafter called the 'rules') as also several judgments of this court reported in kendriya vidyalaya sangathan and ors. v. ..... the respondent, bipad bhanjan gayen was selected for training as a constable in the railway protection force on 20th october 1993 and pending verification in terms of his declaration in form no. .....
Tag this Judgment!Court : Delhi
..... in the case of bsf, of which petitioners are enrolled members of the force, letters offering appointment were delayed by three months, a fact admitted by the respondents, and as to be found in the dg bsf admitting said fact in the counter affidavit filed.9. ..... the petition is allowed issuing a mandamus to the respondents to treat the petitioners as a member of the pension scheme which was in vogue till december 31, 2003 and not to treat them as members of the new pension contributory fund scheme. 21. ..... the petitioner would be entitled to similar benefit and accordingly the next mandamus issued is by way of a direction to the respondents to treat the petitioner as a member of the pension scheme which remained in vogue till december 31, 2003. 22. ..... the respondent shall treat the petitioners as members of the old pension scheme under the central civil services (pension) rules 1972. ..... on 28.07.2003, while the appeals of the petitioners for medical re-examination by constitution of a review medical board were pending, the staff selection commission declared the results of all other candidates except the petitioners, and depending upon the option exercised by them and their merit position, the empanelled candidates were allocated different paramilitary forces, that is bsf, cisf, crpf and itbp.8. .....
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