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34. [II]. The view taken by the Commandant that the alleged misconduct falls within the purview of s. 10(1) (n) of The Central Reserve Police Force Act, 1949, is apparently incorrect. The reasons for the same are stated as under:-

2(i) A careful scrutiny of s. 10 would show that the same deals with 15 kinds of transgressions of the Code of Discipline and Conduct, excluding clause (p), which deals with some of these acts of misconduct when the same are commissioned by an accused while he is not on active duty.

2(iii) It is a well settled principle of interpretation of statutes that the words in a statute must be given their plain meaning unless the same either lead to a perverse inference or an absurd result or militates against the other provisions in the Statute. The words "good order" and "discipline" essentially deal with the conduct of an employee of CRPF as a Member of the Force. It is for this reason that clauses (a) to (m) of s. 10 clearly and precisely deal with the fact situations touching upon the facets of the Code of Discipline or self regulation in relation to the duties of an accused as a Member of the Force. In other words, all these alleged acts of misconduct, though transgressions are conducted in the purported discharge of official duties.

2(iv) Even clause (p) of s.10, which creates an exception, making the offences specified in clauses (e) to (l) of s. 9 punishable as "less heinous offences" u/s 10, essentially deals with the Code of Duty and the Rules of Conduct as a Member of the Disciplined Force and envisage consequences which reflect by the said conduct. It is noteworthy that even though these offences directly fall u/s 9 if the delinquent employee is on duty, the same fall u/s 10 if they are committed while the employee is not on active duty. Hence clauses (e) to (l) of s. 9 which are covered u/s 9 when committed on duty and u/s 10 while off duty are directly and closely related with duties as a Member of the Disciplined Force and the Code of Conduct applicable to a person as a Member of the Disciplined Force.

2(v) Then there is clause (n) of s. 10 with which we are directly concerned, which has to be interpreted in the context and within the parameters of the other clauses of s. 10 on the principle that a Jackdaw always sits by a jackdaw or the latin noscitur a sociis. As a necessary corollary, the words "good order" would mean adherence to discipline or Code of Duty or Rules of Conduct as a Member of the Force. Similarly, the words "discipline" has to be similarly interpreted to mean discipline as Member of a Disciplined Force. Therefore, under clause (n), we should not adopt and accept an unduly wide interpretation which could include any unbecoming behaviour by a Member of the Force at any time while on or off duty; at any place whether within the precincts of an office or official residential area; or with any person, private or official. If we choose to adopt such interpretation, we are reading into the words 'good order' and 'discipline' much more than the statute stipulates and the rules of interpretation provide.