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2022 Supreme(Gau) 483

ARUN DEV CHOUDHURY
EX CT/GD 041711898 Hanif Ali, S/o. Md. Ahmed Ali – Appellant
Versus
Union of India, Rep. by the Secretary, Ministry of Home Affairs – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Mazumdar.
For the Respondent: Asstt. S.G.I.

JUDGMENT :

Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Mr. A.K. Dutta, learned CGSC, for Union of India.

2. This writ petition is filed assailing the order dated 20.11.2019 issued by the Commandant, 68 Bn, of Central Reserve Police Force (in short CRPF), whereby it was intimated that the service of the petitioner shall be terminated w.e.f. the date of expiry of one month from the date of receipt of the notice as per mandate of Sub Rule 1 of Rule 5 of Central Civil Services (Temporary Services) Rules, 1965. Further challenge is the order dated 24.12.2019, whereby the name of the petitioner was struck off from the Unit.

3. The petitioner was enrolled in the CRPF as Constable (General Duty) after a due selection process and by order dated 9.3.2004.

4. Mr. Mazumdar, learned counsel for the petitioner submits that though no separate confirmation order was issued or no extension of probation period was made by virtue of Rule 108 of CRPF Rules, 1955, the petitioner’s service was deemed to have been confirmed. Thereafter the petitioner continued to serve CRPF without any blemish till 19.12.2019, when the impugned order was issued, Mr. Mazumdar submits.

5. The learned c

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