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2022 Supreme(SC) 391

AJAY RASTOGI, SANJIV KHANNA
Pawan Kumar – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Petitioner(s):Debjani Das Purkayashtha., Rajiv Kataria, M/S. Delhi Law Chambers, Advocates
For the Respondent(s):K.M. Nataraj, Ld. Vatsal Joshi, Sharath Nambiar, Indira S., Amrish Kumar, Advocates

JUDGMENT :

Rastogi, J.

1. Leave granted.

2. The instant appeal is directed against the judgment and order passed by the Division Bench of the High Court of Delhi dated 17th November, 2015, whereby the High Court upheld the order of discharge dated 24th April, 2015, taking recourse to clause 9(f) of the employment notice no.1/2011 dated 27th February, 2011 read with Rule 67.2 of Railway Protection Force Rules, 1987 (hereinafter referred to as “the RPF Rules 1987”).

3. The brief facts of the case culled out from the record are that the employment notice for appointment to the post of Constable in the Railway Protection Force (RPF), including Railway Police Special Force (RPSF) came to be published on 27th February, 2011. The appellant being eligible submitted application form and participated in the selection process and after qualifying the written examination held on 23rd June, 2013 followed with physical efficiency test held on 12th June, 2014 and after his final selection was sent for training. While the appellant was undergoing training, he came to be discharged by an order dated 24th April, 2015 invoking clause 9(f) of the employment notice no.1/2011 dated 27th February, 2011 and R

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