Judgment Search Results Home > Cases Phrase: indo tibetan border police force act 1992 section 78 power to convene a petty force court Page 1 of about 34 results (0.241 seconds)

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)

..... 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. ..... 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 ..... learned counsel 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 ..... 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 ..... 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 .....

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

Court : Delhi

..... director general, indo tibetan border police force & ors ..... 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 ..... 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 ..... under the circumstances we dispose of the petition quashing the 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 ..... length of service, forfeiture of service for the purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a force court; (b severe reprimand or reprimand; (c) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted. 11. .....

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. ..... 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. ..... - any person subject to this act who is guilty of any act or omission which, though not specified ill this act, is prejudicial to good order and discipline of the force shall, on conviction by a force court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this act mentioned.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. .....

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- ..... 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. ..... a further signal was issued on 14th december, 2011 informing the petitioner that the general force court would be convened with effect from 14th january, 2012.9. ..... is trite that subordinate legislations cannot confer power or create jurisdiction beyond the statutory provisions. ..... 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 .....

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 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. ..... 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. ..... notwithstanding 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- ..... the 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. ..... 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 ..... appeal by special leave is preferred against the judgment of the madhya pradesh high court, jabalpur bench, dated 6-3-1990 in mp no. .....

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. ..... section 3 of the probation of offenders act provides:'power of court to release certain offenders after admonition - when any person is found guilty of having committed an offence punishable under section 379 or section 380 or section 381 or section 404 or section 420 of the indian penal code (45 of 1860), or any offence punishable with imprisonment for not more than two years, or with fine, or with both, under the indian penal code or any other law, and no previous conviction is proved against him and the court by which ..... case including the nature of the offence and the character of the offender, it is expedient so to do, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him to any punishment or releasing him on probation of good conduct under section 4 release him after due admonition.explanation - for the purposes of this section, previous conviction against a person shall include any previous order made against him under this ..... 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. .....

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

Court : Kolkata

Reported in : (1999)1CALLT307(HC)

..... the respondent was employed after retirement from military service in the service of indo-tibetan border police (itbp) by order dated 3-11-1979. ..... 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 ..... 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 appoint ..... one of the excluded sections is section 12 of the arbitration act, which gives power to the court, after removal of the arbitrators, to ..... the court keeping in view the supreme court judgment in krishna kumar singhanla observed :--'however, it would be open to the registrar to appoint another arbitrator for exercise his power in any other manner laid down under section 96(2) of the act read with rule ..... 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 ..... 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. .....

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

Court : Allahabad

Reported in : 2007(4)AWC4204

..... 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. ..... dushmani evam mera bhavisya kharab karne ki neeyat se sri lachiram ne mujhe jamin ke vivid me shamil kiya hai.prarthi uprokta vivid me matra ek bar court me gaya tha uske bad mujhe kisi prakar ki jankari nahi hai....mahodaya prarthi ne ukta case ko chhipane ko jaan boojh kar koi koshish nahi ki ..... 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 ..... 225/94, 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 ..... and signed by the petitioner on 8.3.1996 while as per judgment of the sessions court of ghazipur he was acquitted, in criminal case no. ..... /92 under sections 323, ..... petitioner has relied upon a decision of this court rendered in qamrul hoda v. ..... the petitioner has himself stated in his reply dated 12.10.1996 to the show cause notice dated 23.9.1996 that he was involved in a land dispute and a criminal case was pending against him in a court. .....

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

Court : Delhi

..... 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 ..... (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 ..... _______________________________________________________________________ the supreme court observed that supervisors in the accountant general (accounts & entitlement) who have failed to pass the section officers (sos) grade examination cannot be treated at ..... qualification is graduation in their respective fields and upon merger, their pay-scales would become similar and the powers to be exercised by the officer would have parity inter se the merged cadre. ..... man management: besides, it will be their responsibility to see that the men power under their command are utilised to their fullest advantage for operational, equipment _______________________________________________________________________ management, training and other purposes as .....

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, ..... 9300/-34800/- of the indo tibetan border police force (itbp) in the case of all petitioners ..... 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. ..... 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. ..... 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 ..... the rationale cannot pass muster; it is clearly untenable and the result discernable to the court, i.e plain discrimination by the crpf of two categories falling within the same class, i.e ..... 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 .....