Back
SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Director, CSIR-CIMFR [Central Institute of Mining and Fuel Research] – Appellant
Versus
Mayuresh Dash, S/o. Sri Rabindra Kumar Dash – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. This writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the order dated 15.12.2022 passed by the Circuit Bench of Central Administrative Tribunal, Patna Bench at Ranchi (hereinafter referred to as CAT, Ranchi) in Original Application being O.A. No.051/00269/2021, whereby, the order dated 26.02.2021 as contained in letter no.8/3489/19-Estt-I/987, by which, the service of the petitioner, respondent no.1 herein, has been terminated as also the direction sought for confirmation of the applicant, who is the respondent no.1 in the list. The Tribunal has quashed the aforesaid impugned order and the service of the applicant, respondent no.1 herein was restored to the status as existing on 25.03.2021 prior to termination.
2. The brief facts as per the pleading made in the original application, as has been interpreted in the instant petition, read as under:-
3. It is the case of the applicant/respondent no.1 that the applicant was appointed to the post of Technical Assistant/GR III in CSIR-Central Institute of Mining and Fuel Research (CIMFR) vide order dated 25.07.2019. The appointment offer stipulated that applicant w
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....
If misconduct is the foundation to pass the order, then an enquiry into misconduct should be conducted and an action according to law should follow. But if it is (sic) notice, it is not incumbent upo....
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 ....
Rule 5 of Central Civil Services (Temporary Service) Rules, 1965, reads as services of a temporary Government servant shall be liable to termination at any time by a notice in writing given either by....
: Petitioner has been terminated on the ground of his being surplus in the Force which is not in consonance with principles of law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
