KISHAN CHAND Vs. SECRETARY UNION OF INDIA

JUDGEMENT

(1.) Vide order dated 13.8.79 this Court admitted this second appeal for hearing the parties on the following three substantial questions of law : (1) Whether on the terms of the letter of appointment issued to the appellant his appointment was on probation to a permanent post or a temporary appointment? (2) Whether the appellant was dismissed by an authority competent in that behalf? (3) Whether the dismissal of the appellant involved any stigma or punishment?

(2.) A statement in brief of the facts of the case would be necessary inasmuch as the same is required to appreciate the merits of an application for amendment of - plaint under Order 6 Rule 17 Civil Procedure Code moved by the appellant.

(3.) It is not disputed that the appellant was appointed as a constable in the service of Ministry of Home Affairs. On 28.1.1976, the Commandant Delhi Armed Police 2nd Bn. Delhi, Mr. B.K. Mishra, IPS, terminated the service of the appellant by an innocuous order and without assigning any reasons. The appellant challenged his termination by filing this suit on the grounds that his services could not have been terminated without assigning any reasons and without affording him an opportunity of hearing and that the Commandant, Delhi Armed Police could not have terminated the services of the appellant as the appointment of the appellant was made by an authority superior to that of the Commandant. Union of India, the defendant, contested the appellant's case by submitting that the appellani was appointed temporarily and in accordance with Rule 12.21 of Punjab Police Rules Vol II. A constable who was found unlikely to prove efficient police officer can be discharged by the Superintendent at any time within three years of the enrollment. It is further submitted that the termination was governed by rule 5(1) of the Central Civil Services ( Temporary Service) Rules 1965. Shri V.K. Mishra. Commandant exercisi g the powers of the Superintendent of Police was competent to pass the order of termination under rule 12.21. of Punjab Police Rules.