TMI Blog2003 (3) TMI 755X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 promotion, prio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision 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 deceased emp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t identical provisions, this Court held that even when prior recommendation is necessary, it does not make the recommending/approving authority the appointing authority. (See State of Assam v. Kripanath Sarma and Ors. (1967)IILLJ576SC ). In that case, the question was whether the Deputy Inspector of Schools in his capacity as the Assistant Secretary of the State 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 reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . There is no presumption that a casus omissus exists, and language permitting the Courts should avoid creating a casus omissus where there is none. Therefore, the conclusion of the Division Bench in holding that the order of dismissal passed by the DIG was legal, does not suffer from any infirmity to warrant interference. 9. However, the other questions raised by 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 fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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