Union Of India vs Santosh Kumar Tiwari 2024 INSC 392 – CRPF Act – Compulsory Retirement As Punishment

Central Reserve Police Force Act, 1949 ; Section 11- CRPF Rules; Rule 27– Punishment of compulsory retirement prescribed by Rule 27 is intra vires the CRPF Act and is one of the punishments imposable -To keep the Force efficient, weeding out undesirable elements therefrom is essential and is a facet of control over the Force, which the Central Government has over the Force by virtue of Section 8 of the CRPF Act. Thus, to ensure effective control over the Force, if rules are framed, in exercise of general rule-making power, prescribing the punishment of compulsory retirement, the same cannot be said to be ultra vires Section 11 of the CRPF Act (Para 33)

Compulsory Retirement – Compulsory retirement is a well-accepted method of removing dead wood from the cadre without affecting his entitlement for retirement benefits, if otherwise payable. It is another form of terminating the service without affecting retirement benefits. Ordinarily, compulsory retirement is not considered a punishment. But if the service rules permit it to be imposed by way of a punishment, subject to an enquiry, so be it. (Para 33)

Legislation -Intention of the legislature, as indicated in the enabling Act, must be the prime guide to the extent of delegate’s power to make rules. However, the delegate must not travel wider than the object of the legislature rather it must remain true to it. (Para 24)

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