alleged absence from duty of the
petitioner under Rule 27 of CRPF Rules, 1955, read with Section 11(c) of
CRPF Act, 1949 and accordingly ... procedure as laid down
in Rule 36 of the CRPF Rules was not followed and instead the respondents
have fallen back on the provisions
Central Reserve Police Force Rules
1955, Rule 5 reads as under:-
Rule 5 of the Central Reserve Police Force Rules, 1955, there is
composition ... proper enquiry. Respondents have invoked Rule 5 of Central
Services (Temporary Services) Rules 1965 and Rule 16 of CRPF Rules. It
is settled position
posted in 74 Bn. CRPF, Doda (Jammu). Subsequently, he
was posted in 137 Bn. CRPF, Jalandhar and 127 Bn. CRPF, Delhi. The
petitioner performed ... required to follow the procedure envisaged under Rule 14 of the CCS
(CCA) Rules, 1965. Under Rule 14, a charge sheet is required
breach of Rules 27
3
and 31 of the Central Reserve Police Force, Rules 1955
(hereinafter to be referred as CRPF Rules) inasmuch as
neither ... terms of Rule 27 of the CRPF
Rules. Rule 31 of the CRPF Rules provides procedure for
conducting a Court of Inquiry in case
petitioner, respondent No.3 did not follow the procedure
prescribed under CRPF Rules. It has been further contended that the
offence committed by the petitioner ... CRPF Rules. After noticing the provisions contained in Rule 29, this
Court interpreted sub-rule (d) of the said Rule in the following
manner
conducted against the petitioner in terms of Rule 27 of the CRPF Rules,
1955. After conducting a detailed enquiry, the petitioner was awarded
punishment ... such, in terms of Rule 29(d) of the CRPF Rules, 1955, he is vested with
powers to review and revise an order of imposition
CRPF Rules of 1955 as well as Rule
5 of the Rules of 1965. In addition, proviso to Rule 5(1)
of the Rules ... case
may be.
20. Neither Rule 5 (1) of the Rules of 1965 nor Rule 16 of
the CRPF Rules 1955 as also not even
CRPF Rules. Under Rule 27,
procedure for conducting departmental inquiry is
prescribed and under the provisions of this Rule, the
substance of accusation shall ... inquiry as required under Rule
14 of CCS (CCA) Rules 1965. Before starting enquiry
under Rule 14 of CCS (CCA) Rules, the respondents
have
CRPF Act 1949‟), Central Reserve Police
Force Rules, 1955 (for short, „CRPF Rules, 1955‟) and
Central Civil Services (Classification, Control and Appeal ... served chargesheet, in contravention of the CRPF
Rules and CCA Rules particularly Rule 27 of the CRPF
Rules and Rule 14 of the CCA Rules
CRPF Act, 1949 read with Section
354 IPC/Rule 36 of CRPF Rules, 1955 and sentenced to
undergo one year rigorous imprisonment. Consequently ... inflicted by taking aid of the Rule 27 of CRPF Rules, 1955.
Thus, as per Section 11 (1) of CRPF Act, 1949, only minor
punishment
