ARUN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) A short question which arises for determination in this civil appeal is whether the State Government could have invoked Rule 14 of the Punjab Police Service Rules, 1959 (dealing with the power of relaxation) when there was no provision in the said Rules for absorption of Deputationists on permanent basis from Central Reserve Police Force ("CRPF") in Punjab Police Service.

(2.) The facts giving rise to this civil appeal are as follows.

(3.) Shri Avinder Singh Brar, IPS was killed by the terrorists. He was an officer in the Punjab Police Service. On account of the above incident, his sister, Ms. Amrit Brar-respondent no. 4, stood appointed on 9.6.1989 as Assistant Commandant in CRPF on probation for two years. She was appointed in CRPF under above tragic circumstances. She was the only child of her parents. She was appointed in CRPF as her assignment was relatively safer in CRPF than in Punjab Police Service. These facts are important since they show that the appointment of respondent no. 4 was not compassionate but as an exception. Her appointment was to be governed by CRPF Rules. She completed here probation on completion of two years. On 16/17.8.1993, Ms. Amrit Brar was appointed on deputation to the post of Superintendent of Police (SP) in Punjab Police. She retained her lien as Assistant Commandant in CRPF till 11.9.1998 when she was absorbed as DSP in Punjab Police. She was allowed all benefits including pay and seniority from 9.6.1989. In between, Ms. Amrit Brar was promoted to the post of Deputy Commandant in CRPF in March, 1995.