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ANUBHA RAWAT CHOUDHARY
Saidul Khan S/o Zakeer Khan – Appellant
Versus
Union of India – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. Heard Mr. Ashish Kumar Shekhar, learned counsel appearing on behalf of the petitioner.
2. Heard Mr. Pratyush Kumar, learned counsel appearing on behalf of the respondents.
3. This writ petition has been filed for the following reliefs:
4. Learned counsel for the petitioner has submitted that the petitioner was appointed as sepoy in Central Reserve Police Force, Simdri, Dhanbad (hereinafter referred to as CRPF) vide appointment letter dated 30.05.2011. He further submits that the petitioner joined on 27.06.2011 and was doing his duty. By the impugned order dated 03rd of September, 2011 the service of the petitioner has been terminated without following the principles of natural justice. He has also submitted that as per the letter of appointment annexure-1, the petitioner is governed by CRPF Rules of 1955 and as
Point of Law : If misconduct was motive, order of termination cannot be treated as punitive but if same is foundation of termination, it is punitive.
: Petitioner has been terminated on the ground of his being surplus in the Force which is not in consonance with principles of law.
The special law prevails over the general law, and the challenge to a notice and order of termination is not affected by the doctrine of merger.
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Probationers in permanent posts are entitled to protections under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and terminations based on stigmatic allegations must fol....
Deliberate concealment of material facts in the verification roll justifies the termination of services under Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965.
Suppression of material information in job applications, even with subsequent acquittal, justifies termination of employment under temporary service rules, emphasizing the gravity of offenses involve....
Termination of probationer under temporary service rules, though innocuous on face, is punitive if founded on misconduct allegations requiring inquiry and natural justice, notwithstanding withdrawal ....
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