SUSHIL KUMAR Vs. COMMISSIONER OF POLICE AND ORS.

JUDGEMENT

(1.) THE petitioner, the constable of Delhi Police has challenged the order dated 16th December, 1998 passed by the Central Administrative Tribunal, Principal Bench in O.A No. 2270/1992 dismissing his original application assailing the order of termination of his services by order dated 21st April, 1988.

(2.) THE service of the petitioner was terminated in exercise of power under Sub -rule (1) of Rule 5 of CCS (Temporary Services) Rules, 1965. The petitioner has assailed the order primarily on the ground that the conditions of his service were governed by Delhi Police Act and Delhi Police (Appointment and Recruitment) Rules and the Central Civil Services (Temporary Services) Rules, 1965 would not apply and he could not be terminated under those rules. The petitioner also assailed the notification issued by the administrator of Delhi Administration by which the Central Civil Services (Temporary Service) Rules, 1965 had been made applicable to all the subordinates, civilian, employees and class IV employees of Delhi Police in addition to the rules and regulations made under the Delhi Police Act.

(3.) THE case of the petitioner was contested on the ground that the petitioner was terminated simply and was not removed from the service as a measure of punishment.