JUDGMENT :

1. Vide impugned order dated 15.11.2016 passed by Senior Commanding Officer, 12th BN, Railway Protection Special Force, Thakurli (Maharashtra), services of the petitioner have been terminated from the post of Constable under Rule 57.3 of the Railway Protection Force Rules, 1987 (for short “RPF Rules 1987”) while on probation period.

2. Aggrieved by the impugned order dated 15.11.2016, the petitioner submitted an appeal before the Appellate Authority and the same was rejected by the DIG/R&T, Railway Board, Ministry of Railways, New Delhi vide communication dated 27.4.2017.

3. Petitioner has assailed both the orders before this court on the grounds that the impugned order dated 15.11.2016 is ex facie stigmatic and punitive, and such an order could be issued only after subjecting the incumbent to a regular inquiry as per the service rules.

4. Counsel for the petitioner submitted that the petitioner has been discharged on the many grounds mentioned in the impugned order without holding proper inquiry and without getting a reasonable opportunity of showing cause against his discharge, which amounts to removal from service within the meaning of Article 311(2) of the Constitution o