Termination of service of probationers may proceed without a disciplinary inquiry if not confirmed or extended post-probation, validating dismissal under CCS (Temporary Service) Rules.

O R D E R

Per S.K. Sinha, A.M.:- With OA No. 105/2021 as the lead case, both the above OAs were heard together, since applicant is same and there is anexus inthe cause of action in the two OAs. Besides, same counsel represented applicant and Senior Standing Counsel Mr. H. P. Singh led the argument on behalf of respondents in both the cases.

2. Applicant is an ex officer of Indian Revenue Service (Customs & Central Excise) [IRS(C&CE) Group “A”] of 2016 batch. He was appointed vide the appointment offer dated 08.12.2016 (Annexure A/2) and joined the service on 22.12.2016. As per the appointment offer, applicant was placed on probation for two years during which he was required to undergo the theoretical and practical training and pass the Departmental Examination. Applicant completed the theoretical and practical training in the month of December, 2017 and was posted at Patna on 12.12.2017. He was assigned the independent charge of Assistant Commissioner, Anti Evasion (Haqrs) Patna- Il in May 2018 and also given additional charge of Assistant Commissioner Systems, DMC (Hqrs) etc. in the department. He appeared in the Part | and Part Il examination on 30.07.2018 to 09.07.2018. Two years’ probation period ended in December 2018 and there was no order of extension of probation.

2.1 A CBI case was registered against applicant and Md. Sohaibuddin, Superintendent (Anti- Evasion), CGST and CX, Patna II under Section 7 of the PC Act and Section 120(B) of the IPC vide RC case No. 023/2019 , A 007 dated 27.06.2019. Both, applicant and Md. Sohaibuddin were arrested on 27.06.2019 and sent to judicial custody. An order of deemed suspension of applicant w.e.f. 27.06.2019 was issued in the name of the President on 01.08.2019 and the suspension order was reviewed periodically on 01.08.2019 and 18.03.2020. Meanwhile, applicant was released on bail on 28.08.2019. He reported to the office on 30.08.2019 and submitted representation for revocation of deemed suspension on 04.09.2019. The President accorded sanction for applicant’s prosecution in the case on 14.01.2020. On 14.09.2020, applicant’s suspension was further extended for 180 days while suspension of Md. Shohibuddin was revoked from that day. Applicant preferred OA No. 362/2020, being aggrieved by his continued suspension.

2.2 On 09.02.2021, applicant was issued order of termination of service under Rule 5 of the Central Civil Service (Temporary Service ) Rules , 1965. Aggrieved by his termination, applicant preferred OA No. 105/2021.

3. Applicant has prayed for following reliefs in OA No. 362/2020:-

“8.1 That your Lordships may graciously be pleased to quash and set aside the Order of deemed suspension dated 01.08.2019 together with extension order of deemed suspension dated 19.09.2019, 18.03.2020 and 14.09.2020 as contained in Annexure A/1, A/2, A/3 and A/4 respectively issued by the Respondents, hence the deemed suspension order may henceforth be revoked.

8.2 That your Lordships further be pleased to direct the Respondents to treat the Applicant to have on duty for entire period up to the date of its revocation for all purposes including salary minus subsistence allowances already paid along with statutory interest and all other consequential benefits in favour of the Applicant without any further delay.

8.3 Any other relief or reliefs including the cost of the procceeeeddiinngg mmaayy bbee allowed in favour of the Applicant.”

4. Reliefs prayed for by applicant in OA No. 105/2021 read as under:-

“8.1 That your Lordships may graciously be pleased to quash and set aside the impugned termination order dated 05.02.2021 as contained in Annexure A/1.

8.2 That Your Lordships may further be pleased to re-instate the applicant