IMPORTANT POINT : Petitioner has been terminated on the ground of his being surplus in the Force which is not in consonance with principles of law.

Judgment :

Petitioner is aggrieved and challenges order of respondent no.5 bearing No. D.II.1/2002-GC-EC.II dated 27th April 2002 whereby, services of petitioner have been terminated w.e.f. 27-04-2002. Before adverting to grounds on which order impugned has been assailed, it would be apposite to refer to the brief resume of the factual antecedents leading to passing of order impugned by respondent No.5.

2. Respondents vide order dated May 2001 selected and appointed petitioner as constable (GD) in CRPF after the petitioner qualified all the tests including the physical standard test. Petitioner was also checked by Board of Doctors and was found physically fit by the respondents and was sent for undergoing training at Group Centre CRPF Khatkhati Assam. Petitioner was allotted number 01507064, completed 16 weeks training and the 17th week was started, however, during the training period respondents vide order impugned dated 27-04-2002 terminated services of petitioner under Sub-Rule (I) of Rule IV of CCS (Temporary Service) Rules 1965 without assigning any reason, reasonable cause, affording an opportunity being heard and without conducting proper enquiry. Petitioner has averred, that he has not done anything for which such a major, excessive and disproportionate punishment has been imposed, however, respondents have deprived the petitioner and have not given equal treatment to him. In the backdrop of the above narrated facts, petitioner by invoking the jurisdiction of this court in terms of Article 226 of the Constitution of India r/w Section 103 of the Constitution of the Jammu & Kashmir has sought issuance of the appropriate writ, order or direction of the following nature:—

(i) Certiorari to quash Order No. D.II.1/2002-GC-EC.II dated 27th April 2002 issued by Addl. DIGP, Group Centre, CRPF Ban Talab, Jammu by which the services of petitioner has been terminated;

(ii) Mandamus, commanding the respondents to consider the case of petitioner for reinstatement; to allow the petitioner to perform his duties on the post of Constable on which he was selected and appointed; to release the salary of petitioner and to give all consequential benefits to petitioner for which the petitioner is entitled to as also to treat the period of petitioner w.e.f 27.04.2002 to the date the petitioner rejoins the Unit as on “duty”;

(iii) Prohibition, to issue directions to respondents restraining them to implement Order No. D.II.1/2002-GC-EC.II dated 27th April 2002; restraining them to fill up the post of petitioner and also restraining the respondents to treat the period w.e.f 27.04.2002 till the date of joining the petitioner on duty as “break in service”;

(iv) to declare Order No. D.II.1/2002-GC-EC.II dated 27th April 2002 issued by the Addl. DIGP CRPF Ban Talab, Jammu as ultra vires, unconstitutional and contrary to the provisions of CRPF Act and Rules as also contrary to the provisions of law and the provisions of Temporary Services Rules, 1965 by issuance of Writ of Mandamus.

3. Petitioner in his writ petition has averred, that the respondents invited applications for the post of Constable and the petitioner applied for the said post; that the respondents thereafter issued letter No. R.II.2/2000-GC-EC.V dated 6th December 2000 by which the respondents directed the petitioner to appear with original documents on 2nd February 2001 for checking of eligibility and physical standard of the petitioner for the post of Constable (GD) in CRPF; that the petitioner qualified the physical standard test, thereafter the respondents issued letter No. R.II.2/2001-GC-EC.V dated April 2001 by which the respondents invited the petitioner to appear for written test on 28.04.2001 as the petitioner had qualified the physical test; that the petitioner qualified all the tests, the petitioner was also checked by the Board of Doctors and he was found m