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TMI Blog2003 (3) TMI 755X X X X Extracts X X X X X X X X Extracts X X X X ..... d under the Central Reserve Police Force Rules, 1955 (in short 'the Rules') framed under Central Reserve Police Force Act, 1955 (in short 'the Act') was dismissed from service, in terms of an order dated 26.6.1980 passed by the Deputy Inspector General of Police (in short 'the DIG'), said order of dismissal was challenged in a statutory appeal under Rule 28 of the Rules which was dismissed. Matter was taken by a writ petition to the Delhi High court, and a learned Single Judge quashed the order of removal and directed re-instatement with consequential benefits. The sole ground on which interference was made by learned Single Judge was that the scheme of the Rules is such that either in the case of appointment or prom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Division Bench was not correct in its interpretation of Rule 27 of the Rules which prescribes the procedure for award of punishment. For the purpose of appointment or promotion, approval of the IG is necessary. Therefore, requirement of approval; in case of dismissal also is a natural corollary. It was further submitted that in view of unblemished service records of the employee, the punishment of dismissal was highly dis-proportionate looking into the allegations which led to the departmental proceedings. It was submitted that as a consequence of order of dismissal, event he pensionary benefits would not be available to the family of the deceased employee. That cannot be a just proposition if the unblemished service career of the decea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laid down in Chapter IX. (b) The authority to make appointments to the various non-gazetted ranks shall be the Commandant, provided that in the case of Sub-Inspector and Subedar (Inspector) prior approval of the Deputy Inspector General of Police and the Inspector General respectively shall be obtained. (c) Non-gazetted officers and men of all ranks shall be enrolled subject to Sub-rule (b) above by the Commandant in the manner prescribed in Section 5 and be appointed by him as members of the Force after such period of training as he may consider necessary. Rule 27: Procedure for the award of punishment. -(a)(The punishment shown as in item 1 to 11 in column 2) of the Table below may be inflicted on non-gazetted officers and man of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Board, could terminate the service of the concerned employees in view of Section 14(3)(iii) of the Assam Elementary Education Act (No. 30) of 1962 read with Section 18 of the Assam General Clauses Act (No. II) of 1915. It was held that as the Assistant Secretary did not have complete power to appoint teachers, he can do so on the advice of the Advisory Board. Even assuming that recommendation of the Committee is necessary before appointment is made by the Assistant Secretary, the fact still remains that it is not the committee which appoints and the appointing authority is the Assistant Secretary. 8. According to Rule 7(b), the appointing authority is the Commandant and since the DIG is of higher rank, there is no illegality in the order p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant need consideration. Undisputedly, the order of dismissal was passed in disciplinary proceedings. Referring to the nature of allegations, it was highlighted that when for more than 20 years the deceased employee had rendered unblemished service order of dismissal should not have been passed. 10. There is no scope for interference in a case where punishment is found not disproportionate to the proved charges that too in exceptional cases. It is to be noted that there was no consideration of these aspects by learned Single Judge of the Division Bench. Before Learned Single Judge such a stand appears to have been taken. But only on the ground that DIG had no competence to pass the order of dismissal, the order was quashed. In app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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