JUDGMENT :

Heard the learned counsel for the parties.

2. This writ petition has been filed for the following reliefs:

“For issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of certiorari for quashing the order dated 26.01.2009 (Annexure- 1) and the order dated 28.04.2009 (Annexure-3) passed by the Respondent whereby and whereunder the service of the petitioner has been terminated by stigmatic order in utter violation of principles of natural justice by invoking the wrong principle of law and against the instructions and Rules of the Respondent department.

AND

For direction to reinstate the petitioner with all consequential benefit and his absence from the service may be treated as a continued one without any break.”

Argument on behalf of the Petitioner

3. Learned counsel for the petitioner submits that the sequence of events is as under:

4. The learned counsel for the petitioner has submitted that CCS (Temporary Services) Rules, 1965 is not applicable to the petitioner and has made the following submissions:

(i) The impugned action and order is stigmatic in nature and is in violation of circular Order No. 3/93 dated 10.02.1993, wherein and where under it has been clearly mentioned that while applying Rule 5(1) of the CCS (Temporary Services) Rules, 1965, it must be ensured that in case of suppression of information regarding involvement of the delinquent in a criminal case at the time of his enrolment/appointment, the department is obliged to conduct a departmental enquiry before issuing any termination order and the orders passed should be totally without stigma and even the circumstances and the substance of the order should not indicate any stigma.

(ii) The basis of the termination of the petitioner was the institution/prosecution of a criminal case dated 24.09.2005 under Section 323/325/506/34 of the IPC in which the petitioner was falsely implicated by his neighbours, and after facing the trial the petitioner was duly acquitted.

(iii) The petitioner is governed by Central Reserve Police Force Act and Rules. The provision regarding the termination of service of the temporary employee is provided for in Rule 16 of the Central Reserve Police Force Rules, 1955. The aforesaid rule empowers the appointing authorities to discharge any member of the force at any time within period of three years, from which he is initially enrolled, by giving one month’s notice. It is submitted that when provision of termination of service of person enrolled by giving one month’s notice has been provided in the rules itself then invoking of the provisions of Rule 5 of Central Civil Services (Temporary Services) Rules, 1965 is bad and illegal in the eye of law. Therefore, the invoking of Rule 5 of Central Civil Services (Temporary Services) Rules, 1965 for terminating the service of the petitioner without invoking the provision of Rule 16 of the Central Reserve Police Force Rules, 1955 is illegal in the eyes of law.

5. The learned counsel for the petitioner has relied upon a judgment passed by the Hon’ble Supreme Court in Civil Appeal No. 3574 of 202