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 : Supreme Court of India
..... where a penalty of dismissal, removal or compulsory retirement from service imposed upon an enrolled member of the force under suspension is set aside in appeal or on review under these rules and the case is remitted for further enquiry or action or with any other directions, the orders of his suspension shall be deemed to have continued in [force]. ..... nature of penalties the following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a member of the force, namely a) dismissal; page 2 of 115. ..... discipline in the police force cannot be compromised.8 in the background of facts, and as the respondent had not even expressed any remorse or pleaded a good ground for having acted in the manner he did, we do not accept that the punishment of dismissal imposed by the appellate authority by order dated 8th february 2012 was grossly disproportionate to the quantum of the offence.11. ..... discipline is the essence of the organization and structure of police force.7 no indulgence or latitude can be granted when the case is of violence and assault on the officer who had checked and reprimanded the respondent. ..... in the instant case, the respondent was a constable in cisf, a specialized police force responsible for providing security to strategic establishments like the department of space, the department of atomic energy, and premises of establishments fundamental to indian economy. .....
Tag this Judgment!Court : Supreme Court of India
..... punishment is imposed on an enrolled member of the force on the ground of conduct which has led to his conviction on a criminal charge; or (ii) where the authority competent to impose the punishment is satisfied for reasons to be recorded by it in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these rules; (iii) where the president is satisfied that in the interest of security of state and the maintenance of integrity in the force, it is not expedient to hold any inquiry in the manner provided in these rules; the authority competent to impose the punishment may consider the circumstances of the case and ..... when inquiry is not conducted, member of the force is entitled to know the reasons for dispensing with inquiry before passing any order as a disciplinary measure. ..... rule 161, which prescribes dispensing with an inquiry and to pass order against a member of force, cannot be invoked in a routine and mechanical manner, unless there are compelling and valid reasons. ..... it is contended by learned senior counsel for the appellants that rule 161 of the railway protection force rules, 1987 (hereinafter, referred to as rpf rules ) empower the authorities to dispense with inquiry, where the competent authority is of the view that it is not reasonably practicable to hold an inquiry. ..... the regular inquiry against a member of force, is governed by rules 132, 148 and 153 of the rpf rules. ..... dismissal of a regular member of force, is a drastic measure. .....
Tag this Judgment!Court : Delhi
..... (c) 1382/2018 & connected matters page 8 of 16 own request or on mutual exchange from one zonal railway to another or to the railway protection special force and vice versa shall be fixed below that of all existing confirmed and officiating enrolled member of the force in the relevant rank of that railway or railway protection special force irrespective of the date of confirmation or length of officiating service of the transferred member of the force.25. ..... distribution: the enrolled members of the force shall ordinarily be employed throughout service on the zonal railway or the railway protection special force to which they are distributed on first appointment under these rules and shall have no claim as of right for transfer to another zonal railway or to the railway protection special force formations and vice versa. 24. ..... rule 99.2 deals with transfer on own request or on mutual exchange and reads thus: 99.2 transfer on own request or on mutual exchange: seniority of an enrolled member of the force transferred on his w.p. ..... it further states that superior officers and enrolled members of the rpf shall be governed by such directives in the discharge of their duties. ..... in fact, the said rule says that members of the force shall have no claim as of right for transfer to the rpsf or vice versa. ..... section 15 (1) of the rpf act reads as under: every member of the force shall, for the purposes of this act, be considered to be always on duty, and shall, at any time, be w.p. .....
Tag this Judgment!Court : Delhi
..... (c) 1382/2018 & connected matters page 8 of 16 own request or on mutual exchange from one zonal railway to another or to the railway protection special force and vice versa shall be fixed below that of all existing confirmed and officiating enrolled member of the force in the relevant rank of that railway or railway protection special force irrespective of the date of confirmation or length of officiating service of the transferred member of the force.25. ..... distribution: the enrolled members of the force shall ordinarily be employed throughout service on the zonal railway or the railway protection special force to which they are distributed on first appointment under these rules and shall have no claim as of right for transfer to another zonal railway or to the railway protection special force formations and vice versa. 24. ..... rule 99.2 deals with transfer on own request or on mutual exchange and reads thus: 99.2 transfer on own request or on mutual exchange: seniority of an enrolled member of the force transferred on his w.p. ..... it further states that superior officers and enrolled members of the rpf shall be governed by such directives in the discharge of their duties. ..... in fact, the said rule says that members of the force shall have no claim as of right for transfer to the rpsf or vice versa. ..... section 15 (1) of the rpf act reads as under: every member of the force shall, for the purposes of this act, be considered to be always on duty, and shall, at any time, be w.p. .....
Tag this Judgment!Court : Delhi
..... (c) 1382/2018 & connected matters page 8 of 16 own request or on mutual exchange from one zonal railway to another or to the railway protection special force and vice versa shall be fixed below that of all existing confirmed and officiating enrolled member of the force in the relevant rank of that railway or railway protection special force irrespective of the date of confirmation or length of officiating service of the transferred member of the force.25. ..... distribution: the enrolled members of the force shall ordinarily be employed throughout service on the zonal railway or the railway protection special force to which they are distributed on first appointment under these rules and shall have no claim as of right for transfer to another zonal railway or to the railway protection special force formations and vice versa. 24. ..... rule 99.2 deals with transfer on own request or on mutual exchange and reads thus: 99.2 transfer on own request or on mutual exchange: seniority of an enrolled member of the force transferred on his w.p. ..... it further states that superior officers and enrolled members of the rpf shall be governed by such directives in the discharge of their duties. ..... in fact, the said rule says that members of the force shall have no claim as of right for transfer to the rpsf or vice versa. ..... section 15 (1) of the rpf act reads as under: every member of the force shall, for the purposes of this act, be considered to be always on duty, and shall, at any time, be w.p. .....
Tag this Judgment!Court : Delhi
..... (c) 1382/2018 & connected matters page 8 of 16 own request or on mutual exchange from one zonal railway to another or to the railway protection special force and vice versa shall be fixed below that of all existing confirmed and officiating enrolled member of the force in the relevant rank of that railway or railway protection special force irrespective of the date of confirmation or length of officiating service of the transferred member of the force.25. ..... distribution: the enrolled members of the force shall ordinarily be employed throughout service on the zonal railway or the railway protection special force to which they are distributed on first appointment under these rules and shall have no claim as of right for transfer to another zonal railway or to the railway protection special force formations and vice versa. 24. ..... rule 99.2 deals with transfer on own request or on mutual exchange and reads thus: 99.2 transfer on own request or on mutual exchange: seniority of an enrolled member of the force transferred on his w.p. ..... it further states that superior officers and enrolled members of the rpf shall be governed by such directives in the discharge of their duties. ..... in fact, the said rule says that members of the force shall have no claim as of right for transfer to the rpsf or vice versa. ..... section 15 (1) of the rpf act reads as under: every member of the force shall, for the purposes of this act, be considered to be always on duty, and shall, at any time, be w.p. .....
Tag this Judgment!Court : Supreme Court of India
..... there was, therefore, a failure of the appellant to comply with his obligations both in terms of his engagement as an enrolled member of the force and in relation to the requirements which were to be fulfilled under the terms of afo142008. ..... a person who has been enrolled as a member of the air force does not have an unqualified right to depart from service at his or her will during the term of engagement. ..... parliament may, by law, determine to what extent any of the rights conferred by this part shall, in their application to, (a) the members of the armed forces; or (b) the members of the forces charged with the maintenance of public order; or (c) persons employed in any bureau or other organisation established by the state for purposes of intelligence or 9 counter intelligence; or (d) person employed in, or in connection with, the telecommunication systems set up for the purposes of any force, bureau or organisation referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them. .....
Tag this Judgment!Court : Delhi
..... 1 direct recruitment to the force shall be made at the level of constables, sub-inspectors and assistant commandants and all other posts shall be filled in by promotion or through a limited departmental competition from amongst the eligible enrolled- members of the force or by taking personnel on deputation in accordance with these rules. ..... enlistment standards: physical standard: the minimum physical standard for enlistment as an enrolled member of the force (including ancillary staff specified in schedule i shall be as under: (a) height 165 cms. ..... : provided further that proficiency in games, sports and athletics, music, membership of national cadet corps and other organisations or institutions as may be approved by the director- general shall be given due weightage as additional qualifications: provided further that preference may be given to the children of the members of the force who, while facing criminals or in action during the civil strife, violent demonstration or during any other active or operational duty, are killed or became disabled or invalidated out of service in case such children .....
Tag this Judgment!Court : Delhi
..... the undertaking where the force has been deputed shall provide accommodation in the township itself to all supervisory officers and at the rate of 45 per cent married and 55 per cent unmarried or as amended by the central government from time to time, to the enrolled members of the force. ..... having examined the facts and circumstances of the as well as rule 61, the coordinate bench had held that normally the enrolled member of the force would be w.p. ..... (2) the accommodation to the enrolled member of the force shall be rent-free but where such facilities are not available they shall get house rent allowance in lieu thereof as applicable to other central government employees. w.p. ..... the compensation shall be payable to that percentage of members of the force who are entitled to get married accommodation minus those members of the force who are allotted accommodation by the undertaking. ..... (c) no.11415/2017 page 6 of 13 (3) the members of the force shall also get compensation in lieu of married accommodation in terms of orders issued by the government from time to time in this respect. ..... per contra, learned counsel for the respondents has argued that there is paucity of family accommodation, therefore, every member of the force cannot be allotted government accommodation. ..... thus, it is not in the interest of the organization that large number of force members are given outliving permission with hra. w.p. .....
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