A probationer is entitled to certain protection, and his services cannot be terminated arbitrarily or in a punitive manner without complying with the principles of natural justice.

JUDGMENT :

M.V. Muralidaran, J.

Heard Mr.Biswajit Basu, learned counsel for the petitioner and Ms.Chandreyi Alam, learned counsel for the Union of India.

2. This writ petition has been filed by the petitioner to quash the impugned orders dated 29.8.2018 and 21.1.2019 passed by the respondent authorities and to direct the respondents to reinstate the petitioner into service with consequential benefits.

3. Brief facts are as follows:

The petitioner was appointed as Constable vide order dated 21.3.2017 and was directed to report before the CISF, RTC, Barwaha. Pursuant thereto, the petitioner has completed his basic training and pre-commando course and, thereafter, as per the direction, reported to CISF Unit, BRBNMPL, Salboni on 5.3.2018 and the petitioner was discharging his duty with utmost honesty and sincerely without any complaint. While working at Salboni, the petitioner was served with a show cause notice dated 24.8.2018 by the Commandant calling upon him to show cause as to why his service shall not be terminated. In the show cause notice, it has been alleged that the petitioner during the written examination held on 4.10.2015, impersonated someone to be himself and, as such, he was proposed to be terminated from service. Upon receiving the show cause notice, on 25.8.2018, the petitioner submitted his reply denying the allegations levelled against him. However, the Commandant without considering the reply of the petitioner, vide order dated 29.8.2018, terminated the services of the petitioner with effect form 30.8.2018.

4. Challenging the order dated 29.8.2018, the petitioner has filed a writ petition before the Allahabad High Court and the same was dismissed for want of territorial jurisdiction vide order dated 7.9.2018. Thereafter, on 13.9.2018, the petitioner has submitted a representation to the second respondent for reconsidering the order of termination dated 29.8.2018. By the order dated 21.9.2019, the second respondent rejected the representation of the petitioner. Challenging both these orders, the petitioner has filed the writ petition.

5. The respondents have filed affidavit-in-opposition stating that in the appointment order it is stated that the petitioner will be probation for a period two years and if there is material evidence at a later date to prove that the petitioner had not met any of the criteria laid down for recruitment like domicile, category SC/ST/OBC, educational, physical and medical standards etc., his provisional call up notice will be cancelled and liable to be terminated in case of the mistake coming to the knowledge of the Department after joining the service.

6. It is stated that based on the complaints, an inter-office memorandum was issued to 11 candidates recruited through Staff Selection Commission during the year 2015 wherein the name of the petitioner found at Serial No.1 and it bears a remark “Grievance/Complaint” against each candidates. In respect of the petitioner, it contains that an anonymous complaint had been received against the petitioner that he had managed to get selected to the post by impersonating in the written examination and he was also medically unfit. The complainant requested to enquire into the matter to find out the fact and to take action.

7. It is further stated that a board was constituted to examine the allegations levelled against the petitioner after obtaining signature, handwriting and left thumb impression. Accordingly, the signatures of the petitioner was obtained for comparing his handwriting and signatures and found that the handwriting and signatures put on 4.10.2015 for written examination which are understood to be of Roll No.3206119671, it did not match with handwriting and signatures put on various documents on 8.7.2015 during PET/PS etc. The board recommended referring the case to Central Forensic Science Laboratory, Shimla for a report from the expert body. In this regard, the Deputy Inspector General, CISF, RTC Barwaha wrote a letter to