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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
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
Point of Law : If misconduct was motive, order of termination cannot be treated as punitive but if same is foundation of termination, it is punitive.
The main legal point established is that the termination of a temporary employee under Rule 5(1) of Central Civil Service (Temporary Service) Rules, 1965 is justified and does not violate principles ....
: Petitioner has been terminated on the ground of his being surplus in the Force which is not in consonance with principles of law.
The special law prevails over the general law, and the challenge to a notice and order of termination is not affected by the doctrine of merger.
Deliberate concealment of material facts in the verification roll justifies the termination of services under Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965.
Non-disclosure of material information or submission of false information by a probationer can be grounds for discontinuing services without holding an enquiry. The employer has the right to terminat....
Termination of probationer under temporary service rules, though innocuous on face, is punitive if founded on misconduct allegations requiring inquiry and natural justice, notwithstanding withdrawal ....
A probationer cannot claim deemed confirmation unless explicitly provided by rules; non-stigmatic termination does not require formal inquiry, and citing a wrong legal provision does not invalidate a....
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