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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)

..... 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 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 ..... then speaks to draw assistance from rule 187 of the indo-tibetan border police force rules, 1994 which is on the subject of 'transitory provision' and states that any rule or order applicable to the force on commencement of these rules shall, unless repugnant to these rules, continue to apply unless and until abrogated or modified by the central government or any ..... manual is to find out equivalence of the ministerial posts with that of executive posts (head constable being a holder of such a post as mentioned in the status finding provision) for some administrative and financial purposes; and the holder of the ministerial post cannot be treated like that of the corresponding holder of executive post for all purposes, so much so, as to obviate the difference between the two altogether. .....

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 ..... ..... a medical board of three officers of indo tibetan border police was constituted, one of whom was dr.sarabjit singh. ..... minor punishments and the procedure for imposition thereof is laid down in section 56(1) of the itbp force act, 1992, which reads as under: 56. ..... 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 perusal of sub-section 1 of section 51 of the itbp force act, 1992 ex-facie reveals that the punishments prescribed in clauses (a) to (k) thereof are capable of being inflicted if the person subject to the act is convicted by a force court. ..... clause (a) of sub-section 1 of section 58 of the itbp force act, 1992 reads as under: 58. ..... at a trial before a force court the departmental witnesses would be subjected to a cross-examination. ..... in our opinion, for the petitioner to take a decision and before she could be fastened with not having chosen to elect as per the option available to her under section 58(1)(a) her attention ought to have been drawn in the show cause notice that she could opt for a trial.20. .....

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. ..... 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. ..... the petitioner, under article 226 of the constitution of india challenges his dismissal from the indo tibetan border police, (itbp) dated 5-5-2001, as illegal and disproportionate.2. ..... 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. ..... 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. ..... 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 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. .....

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. ..... learned counsel for the respondents has, on the other hand, urged that the order passed under section 58 of the act of the statute was not final and was subject to a mandatory statutory review under section 59 of the itbpf act, 1992. ..... 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. ..... as per the legislative scheme, a person who is charged with an offence is either to be dealt with under section 58 of the statute and summarily proceeded against or he would be subject to a trial by a force court under chapter 7 of the itbpf act, 1992 which provides for various kinds of force courts.15. ..... in our considered view, there is a clear distinction, albeit a find one, between cases where a court has no jurisdiction to try the offence, as for example, if the court is not competent to try the offence for want of sanction for prosecuting the accused or if the composition of the court is not proper as required for that type of court or if the court is illegally constituted of unqualified officers, and cases where the trial ipso facto is unsatisfactory as for example if during the course .....

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

..... was employed after retirement from military service in the service of indo-tibetan border police (itbp) by order dated 3-11-1979. ..... 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. ..... 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. 5. ..... also stated in the order of employment in para 5 as follows: 'if ex-army nk/sub-clerk bhola dutt is prepared to accept the post of jem/clerk in itb police on the terms and conditions mentioned above, he should report for duty to the commandant btc, itb police, kulu (sabeli), h.p. ..... 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 case. ..... we heard learned counsel on both sides and we have gone through the judgment of the high court as well as the relevant rules ..... 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. ..... accepting the terms and conditions, the respondent joined the itbp .....

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. ..... 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. ..... 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 according ..... to law,(b) in appeal form a conviction,--i) reverse the finding and sentence and acquit or discharge the accused, or order him to be retried by a court of competent jurisdiction subordinate to such appellate court or committed for trial, orii) alter the finding, maintaining, the sentence, oriii) with or without altering .....

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

Court : Kolkata

Reported in : (1999)1CALLT307(HC)

..... . it has been held :--'the respondent was employed after retirement from military service in the service of indo-tibetan border police (itbp) by order dated 3-11-1979 ..... 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 no jurisdiction to extend the time. ..... the condition precedent for applying section 46 is that there should not exist any inconsistency between the special law and the arbitration act. ..... . under the terms 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 rules ..... . the learned trial judge has relied upon said decision and has held that an arbitrator became functus officio and thus, the award passed by him is a nullity ..... . the judgment and order passed by the learned trial judge is set aside but in the facts and circumstances of this case there will be no order as to costs.d. b ..... . unfortunately, this aspect of the matter had neither been raised nor considered by the learned trial judge.23 .....

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 was selected ..... perusal of 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. ..... was 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. ..... petitioner has 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. ..... 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 ..... /94, it is contended that the same has been finally decided by the trial court as well as by the additional sessions judge, ghazipur acquitting all the accused including the petitioner vide his judgment and order dated 27.1.1997 contained in r annexure iv to the writ petition.8 .....

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

Court : Delhi

..... case is 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 ..... the learned senior counsel for the petitioners argues that the petitioners have been seriously prejudiced inasmuch as their seniority has been reduced from no.1 to no.17 after the alleged merger; that the correspondence between the ministry of home affairs, the ministry of law and the ministry of finance show that the requisite clearance from the concerned ministries have neither been obtained nor has the upsc been consulted. ..... the issue of integration of government servants allotted to service of the new states was examined in the context of section 115 of the states re-organisation act, 1956 as well as in the context of the general principles settled by the chief secretaries conference of the states held at new delhi on may18-19, 1956 for the aforesaid purpose. ..... the 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. .....

Sunil Kumar and Others Vs. UOI and Others

Court : Delhi

..... 9300/-34800/- of the indo tibetan border police force (itbp) in the case of all petitioners, except petitioner ..... . 9300/-34800/- of the indo tibetan border police force (itbp) in the case of all petitioners, except ..... the factors which may have to be kept in view for job evaluation may include (i) 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 ..... further submitted that on 29th 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. ..... is obvious that combatised nursing staff have to be given the same leave allowances and facilities which other combatised staff are granted: that is the mandate of article 14, as between those two groups, because both are combatised and discharge onerous duties, in forward and non-static areas ..... 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) by granting them a lower .....