- (1.) ASHOK Bhushan, J. Heard Sri Rajeev Sharma, Counsel for the petitioner and Sri S. K. Rai appearing for the respondents No. 1, 2 and 3.
(2.) BY this writ petition the petitioner has prayed for quashing of the order dated 16-10-2001 Annexure-8 to the writ petition passed by the Deputy Inspector General of Police, Central Reserve Police Force, Allahabad U. P. By the impugned order dated 16-10-2001 an order of dismissal from service has been passed under Section 11 (1) of the Central Reserve Police Force Act, 1949 read with Rule 27 of the Central Reserve Police Force Rules, 1955. The petitioner was appointed in the Central Reserve Police Force as Assistant Sub Inspector (M ). The disciplinary proceedings were initiated against the petitioner under Rule 27 of Central Reserve Police Force Rules, 1955 by memorandum dated 22-4-2000 Annexure-4 to the writ petition and consequent to the said disciplinary proceedings, the dismissal order has been passed. The Counsel for the respondents has submitted that against the order of dismissal impugned in the writ petition, the petitioner has right of appeal under Rule 28 of Central Reserve Police Force Rules, 1955 hence the writ petition be dismissed on the ground of availability of statutory alternative remedy. The Counsel for the petitioner in reply to the aforesaid submission has submitted that although the petitioner has preferred an appeal against the dismissal order to the Inspector General of Police but actually no appeal is maintainable. The Counsel for the petitioner has referred to Annexure-7 to the writ petition which is a copy of the appeal dated 26-11-2001 filed by the petitioner against the dismissal order to the Inspector General of Police. In view of the above submission of Counsel for both the parties the first question for consideration in the writ petition is as to whether the order of dismissal passed against the petitioner is appealable. The Counsel for the petitioner elaborating his submission has submitted that Rule 28 refers to Rule 27 which is with regard to the procedure for awarding of punishment. The Counsel for the petitioner has submitted that in table given in Rule 27, the petitioner is not covered by any of the items hence no punishment can be awarded to him under Rule 27. Consequently Rule 28 is not applicable. The Counsel for the petitioner has submitted that the table given in Rule 27 refers to Subedar (Inspector), Sub Inspector others except constable and enrolled followers. The Counsel for the petitioner has submitted that since the petitioner is Assistant Sub Inspector (M) he is not covered by Rule 27; hence the appeal is not maintainable.
(3.) FROM the submissions of Counsel for the parties, as noted above, the first question which arises for determination is as to whether petitioner has right of appeal under Rule 28 of Central Reserve Police Force Rules, 1955 (hereinafter referred to as the Rules, 1955 ). For considering the aforesaid submission, a look over the provisions of Central Reserve Police Force Act, 1949 (hereinafter referred to as the Act, 1949) and Rules, 1955 is required to be made. Before proceeding further, it is relevant to note that it is the case of the petitioner that he is member of C. R. P. F. (Central Reserve Police Force ). The Counsel for the respondents has also submitted that petitioner is a member of Central Reserve Police Force who has also allotted No. 951860138. He has submitted that only those persons are allotted numbers who are member of the force. Petitioner being member of the force, the provisions of the Act, 1949 and the Rules, 1955 are fully applicable on the petitioner. Section 11 of the Act, 1949 refers to minor punishment. Section 11 (1) of the Act, 1949 is quoted as below: - "11. Minor punishment.- (1) The Commandant or any other authority or officer as may be prescribed may, subject to any rules made under this Act, award in lieu of, or in addition to, suspension or dismissal any one or more of the following punishments to any member of the Force whom he considers to be guilty of disobedience, neglect of duty, or remission in the discharge of any duty or of other misconduct in his capacity as a member of the Force, that is to say, - (a) reduction in rank; (b) fine of any amount not exceeding one month's pay and allowances; (c) confinement to quarters, lines or camp for a term not exceeding one month; (d) confinement in the quarter-guard for not more than (twenty-eight) days, with or without punishment drill or extra guard, fatigue or other duty; and (e) removal from any office of distinction or special emolument in the Force. " The Rules, 1955 contains a definition and Rule 2 (h) defines subordinate officer which is quoted as below: - "2 (h ). "subordinate Officer" means a member of the Force of the rank of Subedar Major, Subedar, Sub- Inspector". Section 4-A provides for composition of the Force which is quoted as below: - ["4-A. Composition of the Force.- (1) Central Reserve Police Force shall be constituted as follows: - (a) Central Reserve Police Force (Regular); (b) Central Reserve Police Force (Auxiliary); (2) Officers, Subordinate Officers and other persons appointed to or enrolled into the Central Reserve Police Force (Regular) shall be liable for the service for the term mentioned in their enrolment letter of appointment or in the rules made in this behalf. (3) Officers, Subordinate Officers and other persons appointed to or enrolled into the Central Reserve Police Force (Auxiliary) shall serve as and when they are called out for service by the Director General with the consent of the Central Government or for training under the order of the Director General. ]" Section 5 also provides for composition of the force. Section 5 provides that a battalion other than signals battalion be comprised of. Section 5 (2) empowers the Central Government subject to provisions of Section 4 to make such changes in the composition of the force as it thinks fit. Rule 6 provides that all the officers and men mentioned in Rule 5 shall be deemed to be the members of the force. The Chapter VI of the Rules, 1955 deals with the discipline. Rules 27 and 28 are the rules which have been referred by Counsel for both the parties and which are required to be interpreted in this case.;