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Service & Administrative LawSupreme Court of India

Union of India & Ors. v. Dileep Kumar Singh

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 2466-2467 of 2015)Decided 26 Feb 2015
Civil Appeal Nos. 2466-2467 of 2015
Justice T.S. Thakur · Justice Rohinton Fali Nariman

Background

The respondent, a CRPF Assistant Commandant, suffered a spinal injury on duty in 2001 that left him 100% permanently disabled, and the CRPF sought to relieve him from service on medical grounds. The respondent challenged this, relying on Section 47 of the 1995 Act, which restricts terminating a government employee's service on account of disability acquired during service. The Union argued that a 2002 notification exempted the CRPF from Section 47 altogether, while the Allahabad High Court held the exemption applied only to the promotion-related part of Section 47 (sub-section 2), not to the protection against removal from service, and ordered the respondent reinstated or adjusted against a suitable post.

Decision Breakdown

The Supreme Court examined whether the statutory proviso to Section 47, exempting certain establishments, applied to the whole section or only to sub-section (2), and sided with the Union of India's reading that the exemption covered the entire section, including the protection against discharge. It rejected the respondent's reliance on other disabled personnel being retained in different forces, noting the plea lacked particulars and had not been raised before the High Court. The Court allowed the Union's appeal and set aside the High Court's judgment, while directing that the respondent vacate official accommodation by a set date without facing penal charges in the interim.

Lesson Learnt

Statutory exemptions for specific government services (like paramilitary forces) from disability-protection provisions can be read broadly to cover an entire section of the law, not just the specific sub-part most directly in dispute, so employees relying on such protections must carefully check whether their specific force has been exempted.

Union of India & Ors. v. Dileep Kumar Singh – Legal Case Shots | LegalAware