there is breach of the procedure, prescribed by the
CRPF Act and the CRPF Rules.
3.4. The petitioner refers to the Guideline formulated ... only for good and sufficient reason, under Sub-Rule (d) of Rule 16. The
discharge of CRPF constable is made subject to the Schedule appended
Temporary Services) Rules,
1965 (hereinafter referred to as the "Temporary Service Rules") read with Rule
16(a) of the CRPF Rules, 1955, whereunder ... notice. But neither sub-rule (1) of Rule 5 of the Temporary
Service Rules nor Rule 16(a) of the CRPF Rules, 1955, permits forthwith
CRPF are issued from time to time in order to give effect to statutory provisions such as CRPF Act and CRPF rules in letter ... Rule 102 of the Rules of 1955 or the other related Service Rules.
(xxi). In respect of the disabled persons serving in CRPF apart from
determined in accordance with Rule 8 of the CRPF Rules which
clearly prescribes that the inter se seniority of direct recruits in the
rank ... Company Commander (Assistant Commandant). Rule 8 (b)
(2) of the CRPF Rules, 1955 which is the relevant rule dealing with
fixation of inter se seniority
respondents have been passed in breach of Rule 31 of the CRPF Rules.
6. Controverting the averments made in the writ application, a counter
affidavit ... refer to Rule 16 (a) of the
4
CRPF Rule.
Rule-16 (a) of the CRPF Rule reads as under :-
"All members
provided under
the statute. He placed reliance upon the CRPF Act,1949 and CRPF
Rules,1955 wherein there is no provision of review ... Force
Act and Rules wherein power of revision has been conferred to the
revisional authority under Rule 29 of the CRPF Rules,1955, the
provision
CRPF Act, 1949
read with Rule 27 of CRPF Rules, 1955 on the allegation that he
had committed misconduct in the discharge of his duties ... CRPF Act, 1949 read with Rule-27 of the CRPF Rules, 1955.
Against the order of dismissal, the petitioner on 04.12.1998
preferred an appeal before
impermissible and contrary to standing order 4 of 1979 passed in CRPF
Rules, 61 to 72. Therefore impugned action is illegal and arbitrary ... with reference to
standing order 4 of 1979 passed under the CRPF Rules 61 to 72. The
respondents' contention that by means of communication
appellant supported by documentary evidence and by
ignoring CRPF Family Accommodation Rules 2008 and
the Circulars issued thereof has erroneously and
arbitrarily passed an order ... eviction order passed
by the 2nd respondent. As per the CRPF Family
Accommodation Rules, 2008, allotment and occupation
of Family accommodation in CRPF and subsequent
already submitted an Application under Rule 43 of the CRPF Rules, 1955 for voluntary retirement before the competent authority which was still pending ... January, 2008 in Revision under the Rule 29 of CRPF Rules before the Inspector General of Police, Special Sector, CRPF, New Delhi on 01.03.2014. Since