VIJAY PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner before this Court is a Head Constable in Central Industrial Security Force (from hereinafter referred to as the "CISF"). He is aggrieved by the order dated 26.02.2011, passed by the Commandant, CISF Unit BHEL, Haridwar, by which the petitioner has been prematurely retired from service. The Commandant in its order has exercised the powers conferred under Rule 56 (j) of the Fundamental Rules, thereby compulsorily retiring the petitioner from service. Against the said order dated 26.02.2011, petitioner preferred an appeal before the Director General, CISF, which has also been rejected vide order dated 2nd February, 2012 as according the appellate authority the order was sent to the Representation Committee but the Committee has also come to the conclusion that there are no extenuating circumstances warranting its interference in the matter. Aggrieved, the petitioner filed the present writ petition.

(2.) Counter affidavit has also been filed by the respondents. The matter is now being heard and disposed of finally.

(3.) The petitioner is admittedly an enrolled member of the CISF. An "enrolled member of the Force" is defined under Section 2(aa) of the Central Industrial Security Force Act, 1968 (from hereinafter referred to as "the CISF Act"). The petitioner has further taken this Court to Section 7 of the CISF Act. Section 7 of the CISF Act reads as under:-