Supreme Court Upholds Centre's Rule Prescribing 'Compulsory Retirement' As Punishment For CRPF Personnel

The Supreme Court in a recent judgement held that 'compulsory retirement' under the Rules of Central Reserve Police Force was validly within the purpose of maintaining 'disciplinary control' over the force under the CRPF Act 1949. Therefore, in our view, if the CRPF Act envisages vesting of control over the Force in the Central Government and the various punishments imposable under Section 11 are subject to the rules made under the Act, the Central Government in exercise of its general rule-making power, to ensure full and effective control over the Force, can prescribe punishments other than those specified in that section, including the punishment of compulsory retirement.” The facts of the case pertain to the punishment of compulsory retirement granted to the respondent who was a head constable in the CRPF on the allegations of assaulting his colleague. On the other hand, Mr Anand Shankar appearing for the respondent argued that punishment of compulsory retirement as specified in Rule 27 of the CRPF Rules is ultra vires the provisions of Section 11 of the CRPF Act, which is exhaustive, and no punishment beyond what is specified therein can be imposed; Rule 27 was created by the Central Government using authority given to them by a specific part of the CRPF Act. When provision A in the Act is subject to other provisions of the Act, a valid notification issued under any other provision in the Act would in case of conflict with section A override its provisions.” Punishment Of Compulsory Retirement Within The Rule Making Powers Of The Centre To Ensure Disciplinary Control On dealing with the aspect of whether imposing 'compulsory retirement' as a punishment by way of Rule 27 forms part of the larger purpose of the CRPF Act, the Court turned to understand the term 'control' as under S. 8 of the Act. Therefore, in our view, if the CRPF Act envisages vesting of control over the Force in the Central Government and the various punishments imposable under Section 11 are subject to the rules made under the Act, the Central Government in exercise of its general rule-making power, to ensure full and effective control over the Force, can prescribe punishments other than those specified in that section, including the punishment of compulsory retirement.” The bench also observed that normally compulsory retirement isn't considered a form of punishment, but if the rules allow it and a proper inquiry is conducted for the same, then it can be justified.