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2007 Supreme(Raj) 512

MOHAMMAD RAFIQ, S.N.JHA
Radhey Shyam – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
R.D. Rastogi, for Appellant

Honble JHA, CJ.–This special appeal is directed against the order of the learned Single Judge dismissing the writ petition of the appellant. The appellant had filed the writ petition for quashing the orders by which his services had been terminated.

(2). The appellant was appointed as a Constable (G.D.) in the Central Reserve Police Force (CRPF) on purely temporary basis on 23.10.2001. On 9.4.2002 his services were terminated under proviso to sub-rule (1) of rule 5 of the Central Civil Services (Temporary Service) Rules, 1965. He preferred appeal against the said order which was dismissed by the Inspector General on 10.9.2002. He then filed review petition before the Director General but that too was dismissed on 1.5.2003. He thereafter filed the writ petition challenging the said orders.

(3). The writ petition was dismissed in limine without even calling upon the respondents to file the reply and as such, the stand of the respondents is not on the record. However, from the appellate order of the Inspector General dated 10.9.2002, it appears that on the date of his appointment the appellant was involved in a criminal case (FIR No. 66/199 of Shyam Nagar Police Station) as an accused u

























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