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ANIL K. NARENDRAN, P. G. AJITHKUMAR
Safeer Karim Son of Karim Aziz – Appellant
Versus
Union of India – Respondent
JUDGMENT
P.G.Ajithkumar, J.
The petitioner filed O.A.No.775 of 2019 before the Central Administrative Tribunal, Ernakulam Bench seeking to set aside Annexure A1 order by which the respondent discharged the petitioner from the Indian Police Service (IPS). He was a probationer. The Tribunal as per Ext.P4 order dated 07.06.2023 dismissed the original application. Challenging the said order, the petitioner filed this original petition invoking the provisions under Article 227 of the Constitution of India.
2. The petitioner was selected as a Member of the Indian Police Service in the examination held in 2014. After completing the training, he was allotted to the Tamil Nadu cadre and appointed as a probationer in Tirunelveli District. He attended the Civil Service Examination in 2017. His examination centre was Presidency Girls Higher Secondary School, Egmore, Chennai. On 30.10.2017, he reached the examination centre at about 8.40 a.m. He allegedly avoided frisking at the entrance and entered the classroom. On getting information about an attempt to malpractice during the examination, the candidates in the room where the petitioner was one among the candidates, wer
Discharge of a probationer from service is not punitive if based on unsuitability, and non-furnishing of an inquiry report does not automatically vitiate the discharge unless prejudice is shown.
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
Where the form of the order is merely a camouflage for an order of dismissal for misconduct it is always open to the Court before which the order is challenged to go behind the form and ascertain the....
Dismissal without inquiry violates natural justice and requires satisfactory justification under CISF Rules and Article 311 of the Constitution.
Disciplinary action necessitates adherence to statutory rules, including providing a disagreement note when diverging from inquiry findings, as failure to do so violates principles of natural justice....
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