JAGVEER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Shri Ashok Khare, Senior Advocate assisted by Shri V.D. Chauhan, Shri K. C. Sinha, Advocate on behalf the respondents.

(2.) IN pursuance of proceedings initiated for recruitment for the post of Constable in Central Industrial Security Force (for brief CISF) at Mathura the petitioner who had applied was selected. The recruitment took place on 23 -2 -2002. The petitioner was sent for training at Deoli in the State of Rajasthan. The petitioner completed his training successfully. Thereafter he was posted at CISF unit, ECL Sheetalpur, West Bengal where he joined on 6th January, 2003 on probation. On 7th January, 2004 the Commandant, CISF Unit ECL Sheetalpur, terminated the appointment of the petitioner on probation for alleged suppression of factual information regarding pendency of Criminal Case under Section 323/324/325/504/506 I.P.C. which was registered against the petitioner at P.S. Moradabad. Feeling aggrieved by the said order petitioner filed an Appeal before the Deputy Inspector General, CISF. The Appeal has also been dismissed by the Deputy Inspector General CISF, Kolkata vide order dated 16th March, 2004. Thereafter the petitioner made a representation before the Director General which too has been turned down on the ground that there is no provision under the CISF Act or Rules for filing an Appeal/Revision before the Directorate General. It is against these orders that the present writ petition has been filed.

(3.) IN view of the aforesaid clause it is submitted that it is only the Deputy Inspector General who could have terminated the services of the petitioner, during the period of probation in view of Clause 2 (a) of the Agreement referred to above, read with Rule 19 of the CISF Rules, 1969.