RAVI KUMAR Vs. UOI

JUDGEMENT

(1.) IN exercise of the power conferred by the Central Reserve Police Force Act, 1949 the Central Government constituted Central Police Reserve Force (hereinafter referred to as the CRPF). By virtue of the provisions of Section 18 of the Central Police Reserve Force Act 1949, the Central Government made Central Reserve Police Force Rules1955, (hereinafter referred to as the CRPF Rules).

(2.) IN the year 1965 the Central Government constituted Border Security Force (hereinafter referred to as BSF) to guard the borders of the country during peace time. At the time of its constitution BSF was governed by CRPF Rules, and for purpose of which, Chapter XV titled Special Provisions relating to Border Security Forcewas inserted in the CRPF Rules. On 02.09.1968 the Parliament enacted the Border Security Force Act 1968, to provide for the constitution and regulation of an Armed Force of the Union for ensuring the safety of the borders of India and the matters connected therewith. In exercise of the power conferred by Section 141 of the BSF Act, the Central Government promulgated the Border Security Force Rules 1969, governing the conditions of service of the members of BSF.

(3.) RULE 105 of the CRPF Rules deal with appointment and promotion of officers in CRPF and needless to state before the BSF Act was promulgated and Rules thereunder were notified, upon initial constitution of BSF it was said Rule which governed appointment and promotion in BSF as well. Till the year 1966, when Rule 105 was amended, inter-alia, with the addition of clause (iv-a) to sub-rule (4), the only source of recruitment of superior officers in CRPF and thus BSF was the Indian Army and the Indian Police Force, including the retired or released army officers and retired police officers, besides direct recruitment from amongst the qualified candidates. As a result of the amendment to the Rule, the Emergency Commissioned Officers (hereinafter referred to as ECOs) and the Short Service Commissioned Officers (hereinafter referred to as SSCOs) of the army, who were commissioned on or after 1st November 1962, and were released at any time thereafter, became eligible for recruitment in CRPF as also BSF by virtue of newly inserted clause (iv-a).