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2020 Supreme(SC) 292

DEEPAK GUPTA, ANIRUDDHA BOSE
UNION OF INDIA – Appellant
Versus
R. THIYAGARAJAN – Respondent


Advocates Appeared:
For the Appellant :Tushar Mehta, B. V. Balaram Das, Advocates
For the Respondent:Sarla Chandra, Advocate

JUDGMENT

Deepak Gupta, J.

Leave granted.

2. The respondent is employed with the Central Industrial Security Force (CISF). He was recruited as a constable in the year 1999.

3. The appellant enacted the Disaster Management Act, 2005 (for short 'the Act') and the same was notified on 26.12.2005. Section 44 of the Act provides that a National Disaster Response Force (NDRF) shall be constituted for the purpose of specialised response to threatening disaster situations or disasters. The Ministry of Home Affairs approved the constitution of the NDRF on 19.01.2006. The Disaster Management (National Disaster Response Force) Rules, 2008 (for short 'the Rules') were made by the Central Government under Section 75 of the Act and notified on 13.02.2008. The Rules were, in fact, enforced with effect from 11.09.2009.

4. The NDRF was initially constituted by drawing Battalions from the Central Police Forces, Border Security Force (BSF), Central Railway Police Force (CRPF), Indo Tibetan Border Police (ITBP) and Central Industrial Security Force (CISF). The entire Battalions were sent to the Director General, NDRF. Prior to the enforcement of the Rules i.e. on 11.09.2009, the personnel belonging to the v


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