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Narottam Dass Beshtoo Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1995SC1154; JT1994(5)SC644; 1995LabIC1596; (1995)ILLJ564SC; 1994(4)SCALE25; 1994Supp(3)SCC264; [1994]Supp2SCR670; 1994(2)LC643(SC)

..... shri mohanty states that before the indo-tibetan border police force act had come to be enacted, the provisions governing central reserve police force were applicable to the members of the force at hand, and so, the aforesaid provision finding place in the establishment manual would apply to the petitioners also by force of section 6 of the act.5. ..... the two petitioners having been appointed as clerks of the indo-tibetan border police force, the submission of shri mohanty, appearing for the petitioners, is that as this police force is an 'armed force of the union', the incumbents have to be taken as members of this force, because of the definition of this expression as given in section 2(1)(p) of the indo-tibetan border police force act, 1992, for short, the act. ..... the same is governed by what has been provided in indo-tibetan border police force (lower division clerk) recruitment rules, 1973 which were made by the president of india in exercise of the powers conferred by the proviso to article 309 of the constitution. ..... the relief prayed in writ petition civil 751/88, which was ordered to be heard alongwith the aforesaid writ petition, has to be denied as this court cannot give direction relating to stay of the promotion f the respondents as this matter shall have to be required to be adjudicated by the tribunal. .....

Anjna Chaudhry Vs. Director General, Indo Tibetan Border Police Force

Court : Delhi

..... petitioner mr.s.rao, advocate versus director general, indo tibetan border police force & ors ..... ..... exercising power under section 59 of the itbp force act, 1992, being the power of review, the dg itbp formed an opinion that the penalty levied was inadequate keeping in view the gravity of the offence and thus on november 18, 2013 a show cause notice was served upon the petitioner, referring to section 58(1)(a) of the itbp force act, 1992, calling upon the petitioner to show cause as to why the penalty be not enhanced.6. ..... a medical board of three officers of indo tibetan border police was constituted, one of whom was dr.sarabjit singh. ..... impugned order dated january 31, 2014 issued by the reviewing authority, leaving it open to the competent authority of itbp to try the petitioner before a force court, and for which we take on record the stand of the petitioner through her counsel that if the competent authority is of the opinion that the penalty of severe reprimand is inadequate and is of the opinion that the penalty of forfeiture of seniority in the rank of cmo for a period of one year has to be levied, she opts ..... penalty prescribed vide clause (h) of sub- section 1 of section 51 finds a mention as the penalty capable of being prescribed under section 58(1)(a).18. .....

Ravinder Singh Vs. Uoi and ors.

Court : Delhi

..... the relevant provisions invoked by the itbp under the indo tibetan border police force act, 1992, (the act) in the present case are extracted below:21. ..... itpb directed on 1/5/2001 that a summary force court to be held on 04/05/2001 to try the petitioner under sections 35(b), 43 & 21 (d) of itbp act, 1992 for the misconduct alleged. ..... section 35 of the indo tibetan border police act, 1992, the contravention of which the petitioner was charged states that a person subject to this act who commits any of the offences, that is to say ..... while such an eventuality is undoubtedly feasible, this court has to consider whether the findings of the force court is reasonable and within the bounds of probability. ..... this court cannot be unmindful of the public policy consideration which weighed with parliament when it enacted section 35 (b) which proscribed such conduct, and even made it a punishable offence ..... the charge of absence without leave, under section 21 was based on the allegation that the petitioner had to leave to the itpb academy on 30 th december, 1999; he failed to report to the academy in time, and reported 6 days late, on wp (c) no.6183/2002 pag 5 ..... the charge of violation of section 35 was based on the allegation that on 27/12/2999 the petitioner along with constable/gd mahender singh (escort) and with arms/ammunition was given departure to tc chandigarh with the direction to leave tc chandigarh to itbp academy on 30/12/1999 ..... singh was not charged with the offence under section 35.12. .....

Mukesh Kumar Sharma Vs. Uoi and ors

Court : Delhi

..... the respondents purported to have exercised jurisdiction under the indo tibetan border police force act, 1992 (itbpf act, 1992) and the rules framed thereunder. ..... the petitioner was enrolled in indo tibetan border police (itbp in short) on 31st august, 1988 as a sub-inspector. ..... major dharam pal kukrety, air 198.sc 70.and held that under the army act, a person cannot be said to have been acquitted or convicted by a court-martial until the finding of guilty or not guilty in his case has been confirmed by the confirming authority. ..... the matter appears to have thereafter been placed, as required under section 59 of the itbp act, 1992, before the director general, itbp who was the statutory reviewing authority. ..... in banwari lal yadav (supra), on the plea of guilt, the petitioner was tried, convicted and sentenced to dismissal from service in a trial by a summary force. ..... it is trite that subordinate legislations cannot confer power or create jurisdiction beyond the statutory provisions. ..... where the punishment though not in excess of the punishment authorized appears to be unjust or severe, the superior military authority has the power to remit the whole or part of the punishment. ..... in addition to the statutory power to cancel, vary or remit the punishment, rule 46 has additionally enabled the reviewing officer to set aside the proceedings or enhance the punishment provided that before enhancing the punishment, the accused is required to be given an opportunity to .....

Union of India (Uoi) and ors. Vs. Bhola Dutt Pandey

Court : Supreme Court of India

Reported in : AIR1999SC546; JT1998(5)SC344; 1999LabIC224; (1999)ILLJ194SC; (1998)4SCC133

..... respondent was employed after retirement from military service in the service of indo-tibetan border police (itbp) by order dated 3-11-1979. ..... the terms and conditions of the said employment offer, it was expressly stipulated that his service will be governed by rule 16 of the crpf rules and that other conditions of service will be governed under the provisions of the central reserve police force act and rules. ..... we are of the view that the high court was not right in holding that the standing orders referred to and relied on by the respondent will apply to the facts of this ..... the high court accepting the case of the respondent that those standing orders support his claim, found that the superannuation age of the respondent must be fixed at 58 instead of 55 which is the age fixed under rule 43 of the central reserve police force rules, 1955. ..... we heard learned counsel on both sides and we have gone through the judgment of the high court as well as the relevant rules. ..... appellant is aggrieved by the view taken by the high court fixing the superannuation age of the respondent, who was re-employed after retirement from the army, at 58, overlooking the terms and conditions of the order of employment. 6. ..... such express terms in the contract of employment, the respondent approached the high court claiming that he should be superannuated only at 58 by placing reliance on certain standing orders issued by the ministry of home affairs, in particular the standing orders dated 1-9-1965 and 1-11-1975. .....

Commandent 20 Bk. Itb Police Vs. Sanjay Binjola

Court : Supreme Court of India

Reported in : AIR2001SC2058; 2001(1)ALD(Cri)850; 2001ALLMR(Cri)1022(SC); 2001(2)ALT(Cri)197; 2001CriLJ2349; 2001(2)Crimes277(SC); JT2001(Suppl1)SC400; 2001(3)SCALE637; (2001)5SCC317; [20

..... the respondent, who was a constable of indo-tibetan border police, was found over-drunk on 26th november, 1992 and absent at the time of the roll-call. ..... provides:'386 powers of the appellate court - after perusing such record and hearing the appellant or his pleader, if he appears, and the public prosecutor, if he appears, and in case of an appeal under section 377 or section 378, the accused, if he appears, the appellate court may, if it considers that there is no sufficient ground fro interfering, dismiss the appeal or may--(a) in an appeal from an order of acquittal, reverse such order and direct that further retired or committed for trial, as the case may be, or find guilty and pass sentence on him ..... it was alleged that under the influence of liquor he entered the house of commandant of the battalion and thus committed the offence punishable under section 16(2) of the central reserve police force act, 1949 (hereinafter called 'the act'), by which he was admittedly governed. ..... while allowing the appeal and setting aside the impugned order we direct that despite confirmation of conviction by the learned sessions judge, the respondent be given the benefit of probation of offenders act. .....

M/S. Ramkrishna Samabay Krishi Unnayan Samity Ltd. Vs. M/S. Egra Thana ...

Court : Kolkata

Reported in : (1999)1CALLT307(HC)

..... was employed after retirement from military service in the service of indo-tibetan border police (itbp) by order dated 3-11-1979. ..... required by section 11 of the arbitration act and on proof thereof only the court gets power to remove the arbitrator and exercising power under section 12 of the arbitration act, the court would ..... court accepting the case of the respondent that those standing orders support his claim, found that the superannuation age of the respondent must be fixed at 58 instead of 55 which is the age fixed under rule 43 of the central reserve police force ..... decision that despite such term the registrar is not denuded with power and rule 178 fills the gap and thus, evidently in a case where the award is not made within the time prescribed, the said rules come into play and such a scheme is consistent with the right of appeal provided against the award of the arbitrator in terms of the section 136 of the act read with 1st schedule appended thereto. ..... a report together with reasons only confer a power upon the registrar to extend the time in terms of sub-section (6) of section 95 of the act and thus in a case where no report has been submitted by the arbitrator, the registrar by necessary implication will also have ..... and conditions of the said employment officer, it was expressly stipulated that his service will be governed by rule 16 of the crpf rules and that other conditions of service will be governed under the provisions of the central reserve police force act and .....

Gorakhnath Pradhan Son of Sri Raj NaraIn Pradhan Vs. the Union of Indi ...

Court : Allahabad

Reported in : 2007(4)AWC4204

..... the petitioner was thereafter appointed as a constable in indo tibetan border police force and was sent for training at mussoorie on 30.12.1995 along with other similarly appointed constables which he completed on 6.10.1996, from which date the training of commando was to be started for which also he ..... the record reveals that the petitioner was selected for the post of constable in indo tibetan border police force in 1995 after going through several physical tests and other formalities. ..... sent for verification of character and antecedents of the petitioner by the respondents after selection/appointment of the petitioner as a constable in indo tibetan border police force. ..... filed this petition against his termination from service vide impugned order dated 28.10.1996 passed by the commandant, first battalion indo tibetan border police force (respondent no. ..... of the counter affidavit it is stated that the form was filled up and signed by the petitioner himself on 8.3.1996 at indo tibetan border police academy, mussoorie. ..... read with section 13(i) of scheduled caste and scheduled tribes (atrocities) prevention act neither any process was issued nor the petitioner was ever summoned by the court nor the investigating officer came to his house in connection with investigation of the aforesaid case, as such he had no knowledge of pendency of the aforesaid case ..... of the above, i am not inclined to interfere in the impugned order and find the petitioner guilty of concealment of material fact.19. .....

Saurabh Dubey and Ors. Vs. Union of India and Ors.

Court : Delhi

..... that they are group a general duty (gd) cadre officers of the indo-tibetan border police force (for short itbpf ), which was constituted by the ministry of home affairs (hereafter referred to as the mha ) after the chinese aggression in the year 1962 under the provisions of the itbpf act and rules; that they had applied for the post of assistant commandant/gd in central police organizations, group a and after having cleared the written examination conducted by the upsc, they appeared ..... (1998) 4 scc598 which held that a decision to merge cadres is essentially a matter of policy and the power to regulate recruitment and conditions of service is wide and includes the power to constitute a new cadre by merging the existing cadres and that the principles of governing equation of posts for merger of cadres are followed in union of india & ors. ..... court held that the following principles were well settled and had a statutory force in the context of fair and equitable treatment under section 115(5) of the act ..... this court is in agreement with this contention raised on behalf of the petitioners and finds that the case was not put before the cabinet for approval of amendment of a decision ..... he submits that although a similar proposal for merger did not find favour of the cadre maintaining authority in the year 1999, much water has flown since then and the mha cannot be faulted for non_______________________________________________________________________ consideration of the issues raised by a .....

Sunil Kumar and Others Vs. UOI and Others

Court : Delhi

..... 9300/-34800/- of the indo tibetan border police force (itbp) in the case ..... . 9300/-34800/- of the indo tibetan border police force (itbp) in the ..... decisions was spelt out: "we do not consider it necessary to traverse the case law on which reliance has been placed by counsel for the appellants as it is well settled that equation of posts and determination of pay scales is the primary function of the executive and not the judiciary and, therefore, ordinarily courts will not enter upon the task of job evaluation which is generally left to expert bodies like the pay commissions, etc ..... march 2004 the respondent no.1 issued an order directing that henceforth direct induction of nurses in the combatised posts of para-medical staff in the central police forces would be in the rank of sub-inspector in the pay scale of rs. ..... the work programme of his department (ii) the nature of contribution expected of him (iii) the extent of his responsibility and accountability of the discharge of his diverse duties and functions (iv) the extent and nature of freedoms/limitations available or imposed on him in the discharge of his duties (v) the extent of powers vested in him (vi) the extent of his dependence on superiors for the exercise of his powers (vii) the need to co-ordinate with other departments, etc ..... both complain that their employers have acted arbitrarily in denying them a normal replacement scale pertaining to category s-10 after the central civil services (revised pay) rules, 2008, (2008 rules .....