KUBER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) PRAFULLA C. Pant, J. By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certiorari quashing the notice dated 13-6-2001 (Annexure-1), whereby the services of the petitioner have been terminated under Rule 16 of the Central Reserve Police Force Rules, 1955 read with sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 [hereinafter referred as CCS (CCA) Rules].

(2.) I heard learned Counsel for the parties and perused the affidavit, counter-affidavit and rejoinder affidavit filed by the parties.

(3.) BEFORE further discussions, it is pertinent to mention here, the relevant rules applicable to the present case. Clauses (b), (bb) and (c) of Rule 11 of the Central Reserve Police Force Rules, 1955, quoted in writ petition is being reproduced below: "11. Enlistment Standard.- (a ). . . . . . . (b) The minimum standard laid down in sub-rule (a) in so far as it relates to height may be relaxed from 5'-7" to 5'-5" in the case of people having martial traditions such as Gorkhas, Garhwalis, Kumaonese, Dogras and Marathas. (bb) The minimum standard laid down in sub-rule (a) may be relaxed: (i) in so far as it relates to height, from 5-7" to 5'-4". (ii) in so far as it relates to Chest measurement from 31-1/2" to 30" expanded 32" for Adivasis. (c) The minimum standard laid down in sub-rule (a) in so far as it relates to height may be relaxed from 5'-7" to 5'-4" in case of (person) who have attained the age of eighteen years but not have attained twenty years. " Clauses (3) (a) and (4) of Rule 16 of the Central Reserve Police Force Rules, 1955, reads as under: "16. Period of Service.- (3) (a) All members of the Force shall be enrolled for a period of three years. During this period of engagement, they shall be liable to discharge at any time on one month's notice by the Appointing Authority. At the end of this those not given substantive status shall be considered for quasi-permanency under the provisions of the Central Civil Service (Temporary, Service) Rules, 1965. (4) Those not declared quasi-permanent under the said Rules shall be continued as temporary Government employees unless they claim discharge as per Schedule to the Act. Those who are temporary shall be liable to discharge on one month's notice and those who arc quasi-permanent shall be liable to discharge on three month's notice in accordance with the said Rules, as amended from time to time. "