SOM DUTT Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition is filed by the petitioner challenging the legality and validity of the order of termination passed against the petitioner by the Deputy Inspector General, Central Industrial Security Force, by order dated March 12, 1999. A copy of the said order is annexed as 'Annexure-1' to the writ petition. It is stated in the said communication that the petitioner was appointed as a Constable in the Central Industrial Security Force w.e.f. May 4, 1997 and that the said petitioner was considered unsuitable to continue in Government Service. Consequently it was ordered that under the terms and conditions laid down in the CISF Act 1968 and the Rules framed thereunder and in exercise of the powers conferred on the Deputy Inspector General of Police vide Clause 2(a) of agreement executed by him under Rule 15 of the CISF Rules, 1969, the service of the petitioner was terminated.

(2.) It is also to be noted here that the petitioner was initially appointed on probation for a period of two years. He went through a training course for a period of nine months commencing from May 1997. After completion of the said training course the petitioner was detailed for election duty and was subsequently posted to rhe CISF Unit DSP, Durgapur. Being aggrieved by the aforesaid order of termination, the present petition was filed in this Court.

(3.) Notice was issued on the said writ petition whereupon the respondent has contested the writ petition by filing a counter-affidavit. It is stated in the said counter-affidavit that while the petitioner was serving in the Unit, a letter dated October 7,1998 was received from the DIG, CISF, NZ, Saket, in which it was intimated that they had received a complaint from Shri Kishan Chand stating that the petitioner, who was recruited in the CISF as a Constable against ST quota, does not actually belong to the ST category. After receiving the said complaint from Kishan Chand, the case was referred to to the CISF Headquarters to the Department of SC/ST and OBC Welfare, Government of Haryana. The Director, SC/ST and OBC Welfare Department, Government of Haryana, intimated the respondents by their letter dated July 29,1998 that the 'Bawariya' community did not come under the purview of Scheduled Tribe. They also clarified that the Government of Haryana had not declared a list of Scheduled Tribes. Therefore, the claim of the petitioner that he belonged to ST category was found to be false. In view of the said position, action was taken to terminate the service of the petitioner who was under probation at the relevant time.