Filing Of Caveat By Itself Does Not Entitle Caveators To Be Treated As A Party To The Proceeding: Supreme Court

Filing of Caveat by itself does not entitle caveators to be treated as a party to the proceeding, the Supreme Court observed.

Justice Aniruddha Bose observed thus while considering a plea of Central Indian Police Service Association to intervene in a Special Leave Petition on the strength of caveat applications lodged by them. However, the Association had not filed any application for impleadment or intervention before the High Court, but they were heard in the case.

"While as caveators they have the right of being notified of the lodging of the SLPs in terms of Clause 2 of Order XV of the Supreme Court Rules, 2013, mere filing of caveat application cannot grant them an entry into a Petition for Special Leave to Appeal. Filing of Caveat by itself does not entitle them to be treated as a party to the proceeding.", the judge said while granting them liberty to file impleadment application.

The court also allowed impleading applications filed by five sets of officers belonging to the Indian Police Service (IPS). SLPs arise from a common Judgment delivered by a Division Bench of the Delhi High Court in five writ petitions brought by Group A officers of the Central Industrial Security Force (CISF), Central Reserve Police Force (CRPF), Indo Tibetan Border Police (ITBP), Border Security Force (BSF) and Sashastra Seema Bal (SSB). The court said that the applicants have been able to demonstrate sufficient interest on the ultimate outcome of the five petitions for special leave to appeal. In the impugned judgment, the High Court had issued the following directives:

(I) By permitting the members of each Central Armed Police Force to, if so desire, make comprehensive representation(s) to the Ministry of Home Affairs, for amendment of the respective Recruitment Rules of each Central Armed Police Force including qua Cadre Structure, Residency, Deputation etc.

(II) By directing the Ministry of Home Affairs to, in compliance of the DoPT OMs dated 31st December, 2010 and 8th May, 2018, immediately undertake the exercise for review of existing Recruitment Rules of each Central Armed Police Force, also taking into consideration the representation(s), if any, received from the members of the Central Armed Police Forces and after giving them an opportunity of being heard and to place its decision in this regard before the Department of Personnel and Training.

(III) By directing the Department of Personnel and Training to, immediately on receipt of decision from the Ministry of Home Affairs qua review of Recruitment Rules of respective Central Armed Police Forces, take necessary action thereon;

(IV) By permitting the petitioners to make comprehensive representation(s) qua each Central Armed Police Force to the Department of Personnel and Training, qua the Cadre Review due in the year 2021 including as to the terms of reference if any thereof.

(V) By directing the Department of Personnel and Training to ensure timely commencement of Cadre Review exercise due in the year 2021 and to, in the terms of reference qua Cadre Review for Central Armed Police Forces, consider incorporating the representation(s), if any, made by the members of each Central Armed Police Force, and the decision of the Ministry of Home Affairs qua the review of Recruitment Rules of each Central Armed Police For. (VI) By directing that the entire exercise aforesaid be concluded on or before 30th June, 2021.

Case: Sanjay Prakash vs. Union of India

Coram: Justice Aniruddha Bose

Citation: LL 2021 SC 283

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