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2018 Supreme(Raj) 912

PRADEEP NANDRAJOG, PUSHPENDRA SINGH BHATI
Yogesh Sharma – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Vinayjain, Adv.

JUDGMENT

1. The writ petitioner was appointed pursuant to the letter offering appointment dated 5th July, 1995 as a Driver on temporary basis. It was indicated in the letter offering appointment that the service could be terminated without assigning any reason. It was also indicated in the letter offering appointment that for period of two years the writ petitioner would be on probation. Concededly, the department treated the writ petitioner to be appointed against a temporary post and on probation for a period of two years. Exercising power under Sub-rule (1) of Rule 5 of the CCS (Temporary Service) Rules, 1965 his services were terminated on 4th September, 1997, but he was reinstated in service. He was kept on probation. On 6th February, 1998 a charge sheet was issued. The writ petitioner claims that he lost his mental balance and he could not defend himself before the enquiry officer.

2. On 21st April, 1998 his services were terminated once again under Sub-rule (1) of Rule 5 of CCS (Temporary Service) Rules, 1965. The order in question reads as under:-

"In pursuance of sub-rule (1) of Rule 5 of the Central Civil Service (Temporary Service) Rules, 1965, I, H.K. Thakur, Deputy Narcot












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