Miscellaneous Archives

51. What is the punishment prescribed for criminal breach of trust by a pu

What is the punishment prescribed for criminal breach of trust by a public servant, banker, merchant or agent ?

Imprisonment of either description for a term up to three years

Imprisonment of either description for a term up to five years

Imprisonment of either description for a term up to seven years

Imprisonment for life or imprisonment of either description for a term which may extend up to ten years, and shall also be liable to fine

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UPSC CISF-AC-EXE – 2023

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The correct answer is D.

The punishment for criminal breach of trust by a public servant, banker, merchant or agent is specified in Section 409 of the Indian Penal Code (IPC). This section deals with a more aggravated form of criminal breach of trust due to the position held by the offender or the nature of their business.

Section 409 of the IPC prescribes that whoever commits criminal breach of trust in their capacity as a public servant, or in the way of their business as a banker, merchant, factor, broker, attorney or agent, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Option D accurately reflects this prescribed punishment.

52. All appointments to Central Civil Services Group ‘A’ and Central Civil

All appointments to Central Civil Services Group ‘A’ and Central Civil Posts Group ‘A’ shall be made by ;

Chairman, UPSC

The Prime Minister of India

The President of India

Authorities specified in this behalf in the Schedule

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UPSC CISF-AC-EXE – 2023

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The correct answer is D) Authorities specified in this behalf in the Schedule. While the President is the constitutional head of the executive and the ultimate source of authority for appointments to Union services and posts, the actual ‘Appointing Authority’ for Central Civil Services Group ‘A’ and Central Civil Posts Group ‘A’ is defined in the relevant recruitment rules, schedules, or by specific orders issued by the President. This authority can be the President or another designated authority. Rule 9(1) of the CCS (CCA) Rules, 1965, explicitly states that the Appointing Authority is as specified in the relevant recruitment rules or the President or an authority specified by the President. This aligns with option D which refers to authorities specified in this behalf in the Schedule (or related documents).

The Appointing Authority for Group ‘A’ posts/services under the Union government is determined by specific rules and schedules, which may designate the President or other authorities acting under the President’s power.

Although appointment letters for Central Services Group ‘A’ are issued ‘by order and in the name of the President’, the specific authority empowered to make the appointment (the Appointing Authority as defined in service law) is as laid down in recruitment rules or the Schedule to the CCS (CCA) Rules or other specific orders. This designated authority is often the President, but the mechanism for identification is through these rules/schedules, making option D a more accurate description of the formal basis for the appointment authority.

53. LTC cannot be availed during :

LTC cannot be availed during :

Child care leave

Earned leave

Casual leave

Half pay leave

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UPSC CISF-AC-EXE – 2023

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The correct answer is C) Casual leave. As per government rules regarding Leave Travel Concession (LTC), LTC can be availed during Earned Leave (EL) or Half Pay Leave (HPL) or Commuted Leave. Casual Leave (CL) is short-term leave for casual purposes and cannot be combined with LTC.

LTC facility is linked with longer periods of admissible leave such as Earned Leave or Half Pay Leave, and is specifically not admissible during Casual Leave.

Casual Leave does not technically constitute “leave” in the sense of interrupting service; the government servant on Casual Leave is still considered on duty. LTC requires proper leave (EL, HPL, etc.) to be sanctioned for the journey period. Child Care Leave, being a recognized form of leave, can potentially be combined with LTC depending on specific rules, but Casual Leave is definitely excluded.

54. Under the CCS (CCA) Rules, 1965, an appeal can be filed against which

Under the CCS (CCA) Rules, 1965, an appeal can be filed against which one of the following orders ?

An order enhancing any penalty imposed under Rule 11

Any order made by the President

Any order passed by an inquiring authority in the course of an inquiry under Rule 14

Any order of an interlocutory nature or of the nature of a step-in-aid of the final disposal of a disciplinary proceeding, other than an order of suspension

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UPSC CISF-AC-EXE – 2023

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The correct answer is A) An order enhancing any penalty imposed under Rule 11. Under the CCS (CCA) Rules, 1965 (specifically Rule 23), an appeal lies against an order enhancing any penalty imposed under Rule 11 (which lists the penalties).

Appeals under CCS (CCA) Rules are generally allowed against final orders imposing penalties or significantly affecting service conditions, but not typically against interlocutory orders or orders by the President.

Rule 23 of the CCS (CCA) Rules enumerates the list of orders against which an appeal may be preferred. This list includes orders imposing penalties, orders of suspension, and importantly, orders made by an appellate authority enhancing a penalty. Orders made by the President are generally not appealable under these rules. Interlocutory orders during an inquiry (except suspension) are usually not appealable until the final order is passed.

55. During the deputation, the officer on deputation shall be governed by

During the deputation, the officer on deputation shall be governed by the provisions of the CISF Act and CISF Rules. Which of the following rule(s) shall not apply during the period of deputation ?

Rule 58, Rule 59 and Rule 61

Rule 59, Rule 61 and Rule 71

Rule 58, Rule 59 and Rule 71

Rule 59 only

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UPSC CISF-AC-EXE – 2023

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The correct answer is C) Rule 58, Rule 59 and Rule 71. During deputation (often referred to as Foreign Service in service rules), rules related to specific types of leave (like Earned Leave under Rule 58 and Half Pay Leave/Commuted Leave under Rule 59) and the rules governing Foreign Service itself (Rule 71) as defined by the parent department (CISF) typically do not apply. The service conditions, including leave and pay, are instead governed by the terms of deputation or the rules of the borrowing organization.

When a member of a force like CISF is on deputation to another department or organization, the rules of the borrowing department or the specific terms of deputation usually supersede the parent department’s rules regarding service conditions like leave and deputation itself.

Rule 58 of CISF Rules, 1969 deals with Earned Leave. Rule 59 deals with Half Pay Leave and Commuted Leave. Rule 71 deals with Foreign Service (Deputation). These are precisely the kinds of service condition rules that would be governed by the borrowing entity’s regulations or specific deputation terms, rather than the parent force’s standard rules, while disciplinary rules generally continue to apply.

56. The confinement of any enrolled member of the CISF within the precinct

The confinement of any enrolled member of the CISF within the precinct of any barrack, lines or camp for the time being occupied by any detachment of the force is called :

Arrest

Open Arrest

Close Arrest

Wrongful Confinement

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UPSC CISF-AC-EXE – 2023

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The correct answer is B) Open Arrest. The confinement of an enrolled member within the precinct of any barrack, lines, or camp occupied by a detachment of the force, while still within the confines of the post/unit area, is typically referred to as Open Arrest in military and paramilitary forces like the CISF.

Open Arrest is a form of disciplinary confinement where a service member is restricted to the limits of the camp, station, or unit area, but not confined to a specific building or room like in Close Arrest.

Arrest is the general term for taking someone into custody. Close Arrest involves stricter confinement, often to quarters or a guard room. Wrongful Confinement is illegal detention. Open Arrest allows limited movement within the designated area (barrack, camp, lines) but prevents leaving it, fitting the description provided.

57. Match List I with List II and select the correct answer using the code

Match List I with List II and select the correct answer using the code given below the Lists :

List I (Old designation)	List II (Revised designation As per CISF (Amendment) Act, 1983)
A. Security Guard	1. Naik
B. Security Officer	2. Constable
C. Head Security Guard	3. Head Constable
D. Senior Security Guard	4. Assistant Commandant

2 4 3 1

2 3 4 1

1 3 4 2

1 4 3 2

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UPSC CISF-AC-EXE – 2023

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The correct answer is A) 2 4 3 1. The revised designations as per CISF (Amendment) Act, 1983 correspond to the old designations as follows: Security Guard (Old) -> Constable (Revised), Security Officer (Old) -> Assistant Commandant (Revised), Head Security Guard (Old) -> Head Constable (Revised), Senior Security Guard (Old) -> Naik (Revised).

The CISF (Amendment) Act, 1983 introduced revised designations aligning them more closely with standard paramilitary/police ranks, reflecting a restructuring of the force’s hierarchy.

The hierarchy in paramilitary/police forces typically moves from Constable, Naik, Head Constable, Assistant Sub-Inspector/Sub-Inspector, Inspector, and then officer ranks like Assistant Commandant. The mapping reflects the old ranks being replaced by corresponding standard ranks. Security Guard was the entry-level rank (Constable), Head Security Guard was a supervisory non-gazetted rank (Head Constable), Senior Security Guard was between these (Naik), and Security Officer was an officer rank (Assistant Commandant).

58. What is the nature of offences such as violation of duty or wilful bre

What is the nature of offences such as violation of duty or wilful breach or neglect of any rule or regulations or lawful orders of a supervisory officer under Section 18 of the CISF Act, 1968 ?

Cognizable and bailable

Non-cognizable and bailable

Cognizable and non-bailable

Non-cognizable and non-bailable

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UPSC CISF-AC-EXE – 2023

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Section 18 of the CISF Act, 1968 lists various minor offences, including violation or neglect of duty, or breach of rules or orders. Section 19 of the Act grants power to any supervisory officer or authorized enrolled member to arrest without warrant for most of the offences listed in Section 18 (specifically clauses (b) to (p)). The power to arrest without warrant is a characteristic of cognizable offences under the Code of Criminal Procedure, 1973. The punishment for offences like breach of rules or orders under Section 18 is typically imprisonment up to one year or fine or both. According to Part II of Schedule I of the CrPC, offences under laws other than IPC punishable with imprisonment for less than three years are generally classified as non-cognizable and bailable. However, the specific power of arrest without warrant granted by Section 19 of the CISF Act for these offences suggests that they are treated as cognizable *within the framework of the Act*. Despite being cognizable, offences punishable with imprisonment up to one year are generally bailable under the CrPC. Therefore, such offences under Section 18 of the CISF Act are best classified as Cognizable and Bailable.

– Section 19 of CISF Act grants power of arrest without warrant for most Section 18 offences, indicating they are treated as cognizable.
– Punishment for minor offences under Section 18 is typically up to one year imprisonment, which usually classifies an offence as bailable under CrPC.

The classification of offences under special Acts can sometimes deviate from the general rules in the CrPC schedule. However, interpreting Section 19 (arrest without warrant) as defining cognizable nature for the purpose of the Act, and the punishment range (up to 1 year) as defining bailable nature according to CrPC general principles, leads to the conclusion that these are Cognizable and Bailable offences.

59. All members enrolled with the force under CISF Act, 1968, are subject

All members enrolled with the force under CISF Act, 1968, are subject to certain restrictions. Which one of the following does not apply to them ?

Associate with any trade union or labour union

Be a member of any political association

Be a member of any society that is not recognized as part of the force

Publish a book of scientific character

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UPSC CISF-AC-EXE – 2023

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Section 12(1) of the CISF Act, 1968 imposes restrictions on the rights of members of the Force. It restricts association with trade unions, labour unions, political associations [12(1)(a)], membership in unrecognized societies (unless purely social/recreational/religious) [12(1)(b)], and communication with the press or publishing any book/document *except as permitted* [12(1)(c)]. Publishing a book, even of a scientific character, is restricted under 12(1)(c) unless permitted. However, Rule 76 of the CISF Rules, 2001 provides an exception, stating that the restriction on publication/communication does not apply if such publication or information is of a “purely scientific, artistic or literary character or is in the bona fide discharge of his duties”, provided prior permission of the Director-General is obtained (or sometimes only prior intimation is needed depending on the specific rules/circulars). While the Act restricts publishing any book without permission, the Rules provide an exception for purely scientific books from the requirement of *prior permission*. Therefore, the restriction on publishing a book of scientific character applies differently (with an exception under the Rules) compared to the absolute restrictions on associating with trade unions or political associations. In essence, publishing a purely scientific book is the activity least restricted among the options, as it can be permitted or even exempted from prior permission under specific conditions in the Rules, unlike the other forms of association which are generally prohibited. The statement “does not apply to them” in the question should be interpreted as “is not restricted in the same way or to the same extent as the others”.

– CISF Act restricts association with trade unions, political bodies, and publishing without permission.
– CISF Rules provide exceptions for publishing purely scientific/literary/artistic works from the need for *prior permission* mentioned in the Act.

Restrictions on members of disciplined forces are imposed to maintain discipline, neutrality, and efficiency. Associating with unions or political groups can interfere with these requirements. Publishing sensitive information is also restricted. However, academic or creative pursuits are sometimes exempted from strict restrictions, provided they do not conflict with service duties or national security.

60. What is the prescribed duration for filing a revision petition by an e

What is the prescribed duration for filing a revision petition by an enrolled member of the CISF aggrieved by an appellate order against an order made under Section 8 of the CISF Act, 1968 ?

Within a period of one month from the date on which the order is communicated to him

Within a period of two months from the date on which the order is communicated to him

Within a period of three months from the date on which the order is communicated to him

Within a period of six months from the date on which the order is communicated to him

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UPSC CISF-AC-EXE – 2023

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Section 11 of the CISF Act, 1968 deals with Appeals and Revision. Specifically, Rule 34(1) of the CISF Rules, 2001, which details the process for revision, states: “Any member of the Force aggrieved by an appellate order may, within a period of one month from the date on which the appellate order is communicated to him, prefer a revision petition to the Central Government.”

– Revision petition is filed against an appellate order.
– The prescribed duration for filing a revision petition is one month.

Section 11(2) of the CISF Act provides for filing the *first appeal* against an order made under Section 8 or 9 within one month. Rule 34 governs the *revision* against the *appellate* order, and the time limit is also prescribed as one month from the date of communication of the appellate order.