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IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, ALOK KUMAR PANDEY
Chandan Prakash Pandey, Son of Shri J.P. Pandey – Appellant
Versus
Union of India, through the Secretary (Revenue), Government of India, Ministry of Finance, Department of Revenue – Respondent
JUDGMENT :
MOHIT KUMAR SHAH, J.
The aforesaid two writ petitions have been filed against the common order dated 08.04.2024 passed by the learned Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the ‘Ld. CAT’) in O.A. No. 050/00105/2021 with O.A. No. 050/00362/2020 whereby and whereunder both the said original applications have been dismissed being devoid of merit, hence these two writ petitions have been heard together and are being disposed off by the present common judgment.
CWJC No. 11330 of 2024
2. This writ petition i.e. CWJC No. 11330 of 2024 arises out of O.A. No. 050/00105/2021. The brief facts of the case, according to the petitioner herein is that he was appointed through the Civil Services Examination, 2015 in Group ‘A’ Service vide appointment letter dated 08.12.2016 on the following terms and conditions:-
“(i) Your appointment will be subject to all the rules applicable to the Members of the IRS (C&CE) Group "A".
(ii) You will be required to work in the Customs, Central Excise and Narcotics wings of the Central Board of Excise & Customs (CBEC) for training or otherwise as and when required.
(iii) You will draw pay in the Level 10 of Pay Matrix (
The main legal point established in the judgment is that under Rule 10(A) of the Gujarat Civil Services (Classification and Recruitment) General Rules, 1967, the petitioner's services should be treat....
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Probationers in permanent posts are entitled to protections under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and terminations based on stigmatic allegations must fol....
The discharge of a probationer must comply with procedural requirements, and insufficient assessment of performance leads to implied confirmation, while discharge based on unsatisfactory work isn't p....
: Petitioner has been terminated on the ground of his being surplus in the Force which is not in consonance with principles of law.
Probationary employees have limited protections under Article 311, permitting non-stigmatic terminations based on suitability assessments without the full rigor of disciplinary proceedings.
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