RAVI RANJAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner seek before us quashing of the order dated 9th February, 2013 which was passed by the respondent No. 5 vide which the services of the petitioner who was serving as ASIs (Executive) with the CISF were terminated during the period of probation on the allegation of malpractices during the recruitment/selection process conducted by the respondents to the said post. The respondent terminated the services of the petitioner by an order which reads as under:-

(2.) The petitioner has challenged the case primarily on the ground that even though the termination was during the period of probation however the order was stigmatic as per alleged misconduct and in the nature of alleged malpractice in securing his appointment as an Assistant Sub Inspector with the CISF. It is an admitted position before us that the respondent did not conduct any form of disciplinary inquiry. The petitioner has stated that he was issued notice that he had indulged in malpractice without any details being furnished to him. The action of the respondent is clearly in violation of principles of natural justice.

(3.) The petitioner has also contended that he had preferred departmental appeal on 18.2.2013 under Section 9 of the CISF Act against the said termination. An oral submission is made before us to the effect that inasmuch as the appellate order was passed during the pendency of the writ petitions, a substantive challenge thereto could not be laid in the main writ petitions.