ORDER (ORAL)

Justice M. S. Sullar, Member (J)

The challenge in this Original Application (OA), instituted by applicant, Rajesh Kumar, Ex-Constable, is to the impugned Show Cause Notice (SCN) dated 13.05.2015 (Annexure A-2) and order dated 22.06.2015 (Annexure A-1), whereby his services were terminated with immediate effect by the competent authority.

2. The matrix of the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy involved in the instant OA, and emanating from the record is that, consequent upon clearing the recruitment process, the applicant was appointed as Constable (Executive), vide offer of appointment letter dated 31.12.2009 (Annexure A-3) by the competent authority. In pursuance thereof, he joined on the post of Constable, vide DD No.26/PTS dated 05.01.2010.

3. According to the applicant, that during the course of basic training at Police Training School and while going to his village, he met with an accident and sustained serious injuries. He was found unconscious near Village Kabala, District Jhajjar. He remained under vigorous treatment from 30.05.2010 to 29.01.2015 at Fortis Memorial Research Institute and Artemis Hospital, Gurgaon (Annexure A-4 Colly). He has duly informed the department and submitted medical record in this regard. He was also got examined by the department through doctors of Dr. R.M.L. Hospital, New Delhi, where the Medical Board has also opined that he suffered genuine severe head injury, vide its report dated 07.03.2013 (Annexure A-5). He was again got medically examined by the department from the Medical Board constituted at Dr.R.M.L. Hospital, New Delhi and it reiterated the receipt of head injury. At the same time, it was opined that he will not be able to perform strenuous duty as an active police person. However, he is able to perform his office duty, vide report dated 12.01.2015 (Annexure A-7).

4. The case set-up by the applicant, in brief, insofar as relevant, is that, due to severe head injury, he could not complete the training even in later batches. However, he was allowed to join the department (Delhi Police) on his request on 30.01.2015 in office.

5. As a consequence thereof, applicant was served with impugned SCN dated 13.05.2015 (Annexure A-2) to show cause as to why his services be not terminated under sub- para (vi) of para 14 of SO 16/2010, basic training of recruit constable and Rule 5 of CCS (Temporary Services) Rules, 1965 on the ground that he has been found unsuitable for Delhi Police. In pursuance thereof, he submitted his reply dated 09.06.2015 (Annexure A-8) to the SCN raising various issues, but his services were terminated, vide impugned order dated 22.06.2015 (Annexure A-1) by the competent authority.

6. Aggrieved thereby, the applicant has preferred the instant OA, challenging the impugned SCN (Annexure A-2)

and order (Annexure A-1) on the following grounds:-

“A. That the impugned order/action of the respondents is absolutely illegal, unwarranted, unjustified and arbitrary.

B. That it is not a case where ‘unsuitability’ towards the post is due to inherent characteristics of the applicant. The applicant could not complete the training due to severe head injuries as a result of an accident.

C. That the respondents have all along been conscious of the factum of serious injuries caused to the applicant due to the accident. They have themselves got the applicant medically examined in 2001 and on

3.1.2015 at the Hospitals of their choice. The first medical examination has justified the prolonged medical rest and the later medical examination, the medical board has opined that the applicant is fit for office duty and at present, will not be able to perform strenuous duty. It is clear that the applicant’s unfitness for the present is towards strenuous physical duties only and at the same time, he is fit to perform office duties. The applicant who has been selected having met with an accident after appointment cannot be