S BALAKRISHNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petitioners have been employed as Constables and in some other capacities in the Central Industrial Security Force (CISF), and generally they are posted/deputed in various Public Sector Undertakings owned by the Government of India. They challenge Rule-36 sub-Rule (8) (a) of the Central Industrial Security Force Rules, 2001, (hereinafter referred to as Rules ). Since the issue raised in all these Writ Petitions is one and the same, they are being disposed of by the following Common Order.

(2.) THE impugned Rule viz. , Rule 36 (8) (a), is extracted below:-

(3.) BEFORE going into the aspect regarding the validity or otherwise of the impugned rule and as to whether the same is ultra vires the Constitutional provisions, it is useful to refer to the principles laid down by the Apex court, in Supreme Court Employees' Welfare Association vs. Union of India ( (1989) 4 SCC 187), to decide a case where the validity of a subordinate legislation is questioned. We here-under extract the relevant portions,