SURINDER SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. Surender Sharma, petitioner herein was selected as Assistant Sub-Inspector (Ministerial Staff), Central Reserve Police Force. He was selected after having passed the physical, written, typing, and medical tests as well as the interview. On his being selected he was asked to undergo two months' training at Group Centrelat Ajmer (Rajasthan) Petitioner according lyproceeded for his training. Hardly six days were left for the completion of his training when he got movement order with direction to proceed to Delhi for re-examination. At Delhi instead of being re-examined he was handed over the notice of termination thereby terminating his services w.e.f. 4th October,1991.

(2.) . Aggrieved by that order the petitioner represented to the respondent to assign reasons for his termination. But no reasons were assigned. His termination was purported to be under Rule 5 of the Central Civil Services (Temporary Service) Rules,1965. Petitioner again made representation seeking reason for termination. However,when he personally went to the office of respondent the Clerical staff informed him that his services have been terminated because he fell short by I cm. in height. He explained to the respondent that in the physical test held on 6th June, 1991 he was found to be I cm. short. The Competent Authority, however, passed him in physical test with the remarks "under height but fit". It was despite these remarks that he was selected by the Competent Authority, and thereafter, sent for training. Hence, respondents are estopped from raising the issue of short height now. Nor on that basis could terminate the service of the petitioner.

(3.) . Respondent in its reply have taken the plea that the petitioner was in advertently selected and thereafter sent for training. He could not have enlisted in the force because he did not possess the prescribed physical standard. It was in this background that he was directed for re-examination at Delhi. In the absence of requisite physical standard the petitioner could not continue in force. His services were rightly terminated by invoking Rule 5 of Central Civil Service (Temporary Service) Rules. His fitness was not relevant in so far as the possession of physical standards was concerned.