‘Seema Suraksha Bal’ A Central Force With Pan India Presence, Its Orders Subject To Challenge Across All High Courts: J&K High Court
Case: Nazir Ahmad Najar Vs UOI
Coram: Justice M A Chowdhary
Case No.: SWP No. 2319/2015
Court Observation: “Moreover, the Paramilitary Force SSB who had passed the order has a pan India presence being a Force of the Union of India, as such, the same is subject to the jurisdiction of every High Court in India including this High Court”.
“On perusal of Rule 27 and 102 of the C.R.P.F. Rules, the court is of the opinion that by taking recourse to Rule 102 of the C.R.P.F. Rules, as quoted above, even in a case of departmental enquiry in relation to members of C.R.P.F., for fair and independent departmental enquiry, aid of Rules prescribed for imposing major penalties under C.C.S. Rules can be taken”.
“Even the prescribed procedure has not been followed in petitioners’ case. No structured enquiry requiring serving the articles of charge, so as to satisfy the requirement of natural justice of being heard was not provided. The respondent-Commandant, just after recording unauthorized absence and desertion at the back of the petitioner, ordered his removal from service”.
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Keywords
‘Seema Suraksha Bal’ A Central Force With Pan India Presence, Jammu Kashmir and Ladakh High Court
