MANU PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. P.K. Upadhyay, leaned counsel for the petitioner and Mr. Narendra Nath as well as Mr. Ratnesh Rawat, learned counsel for the respondents.

(2.) THROUGH the instant writ petition the petitioner has challenged the order dated 22.07.2008 issued by the Divisional Security Commissioner R.P.F. (N.E.R.) Lucknow whereby the petitioner's services have been terminated. The ground for termination is that she has been declared unfit for duty in Railway Protection Force, permanently, as per opinion of the Railway Medical Authority. The learned counsel for the petitioner submits that the said order has been passed without providing opportunity of hearing to the petitioner, further no disciplinary proceeding was initiated against the petitioner for any charge. Earlier the petitioner met with an accident on 30.06.2008 and sustained injuries, she received treatment from the Neuro Surgen of C.S.M. Medical University Lucknow who advised her for complete bed rest for four weeks. On 31st of July 2008 she was issued a fitness certificate to join the duty. However, the petitioner's services have been terminated on the ground that she is suffering from Lumber Spondyloysis and is unfit for RPF, permanently.

(3.) THE petitioner was directly appointed on substantive post of Constable and was sent for training through letter dated 19.09.2005. She completed training successfully on 27.05.2006 and thereafter she was given appointment on 31st of July 2006 w.e.f. 25th of July 2006 on the post of Constable and she was placed on probation for two years. The petitioner was just at the verge of completion of probationary period, but prior to it she was terminated from services. Proviso of Rule 57.3 of Railway Protection Force, Rules, 1987 provides that "in case of termination of service, a probation shall be given a notice of one month to that effect or pay in lieu thereof", whereas no such notice was given to the petitioner. Therefore, the petitioner claims that her termination is in violation of the Rule 57.3.