RAVINDER PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ appeal is directed against the judgment dated 25.07.2008, passed by learned single Judge of the then Gauhati High Court, Agartala Bench in WP(C) No. 196 of 2000 where -under the writ petitioner i.e. the appellant herein, challenged his termination order dated 07.01.2000 (Annexure -13 to the writ petition) from the post of Assistant Commandant in Central Industrial Security Force (CISF, for short) and also prayed for issuing a writ in his favour seeking his reinstatement to the post which has been rejected by the learned single Judge by the impugned judgment and having felt aggrieved, the writ petitioner filed the present appeal challenging the judgment and order passed by the learned single Judge.

(2.) HEARD learned counsel Ms. Y. Taneja Bhattacharjee for the appellant -writ petitioner (hereinafter mentioned as petitioner) and learned counsel Mr. A. Lodh for the respondents.

(3.) THE above order of termination has been challenged on the ground that it was not a termination simpliciter but in all practical sense and meaning, it was an order of termination with stigma as a matter of punishment since the respondents taken into consideration certain allegation against the petitioner that he was with hands in gloves with coal mafias and he facilitated the theft of coal by the illegal coal mafias while posted at Sheetapur unit of CISF in the eastern coal fields and so the impugned order of termination cannot be termed simply as a termination simpliciter but the foundation of termination was the inquiry made against him in respect of his link with coal mafias behind his back and therefore, the impugned termination order cannot stand since no opportunity was afforded to him as required under Article 311 of the Constitution of India.