Challenge in the present Civil Writ Petition (CWP) is sought to the order dated 27.09.2023 (Annexure P-7), whereby the petitioner was discharged from service during the period of probation, while working as Peon of Choice of one of the Judges of this Court on account of having rendering unsatisfactory services.

2. The challenge primarily raised by the learned Senior Counsel appearing as a Legal-Aid-Counsel for the said

petitioner-employee is on the ground that criminal proceedings as such were initiated against the petitioner-employee and he has been suspended on that count therefore, it was necessary to lift the veil as such against the order of the discharge. Accordingly, she has referred to the order dated 28.08.2023 (Annexure R-I), wherein the petitioner-employee as such was placed under suspension on account of the lodging of FIR No.84/2023 dated 24.08.2023 against the petitioner under Section 381 of Indian Penal Code, at Police Station, East Shimla, District Shimla, Himachal Pradesh.

3. It is thus submitted that it is not a discharge simpliciter but is a punitive order as such and therefore reliance has been placed upon the judgment of the Apex Court in Civil Appeal No.3788 of 2