LAWS(CAL)-2013-10-18

DINESH PASWAN Vs. UNION OF INDIA

Decided On October 08, 2013
Dinesh Paswan Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE short question that has cropped up for consideration in this writ petition is whether the petitioner 's service during the period of probation was validly terminated. Underlying this lies a more fundamental question about the consequence when a probationer 's period of probation has expires but the same has not been extended.

(2.) THE petitioner was appointed in the Central Industrial Security Force (CISF, for short) and he joined the said post on May 19, 2001. It was mentioned in the letter of appointment that he was placed on probation for a period of two years in the first instance. As such the period of probation was supposed to expire on May 18, 2003.

(3.) BY a letter dated July 2, 2004 the Assistant Inspector General (L&R) CISF disposed of the petitioner 's representation. He was informed that his services were terminated for suppression of his involvement in a criminal case at the time of recruitment. He was further informed that there was no provision in the CISF Act and Rules for considering the appeal and revision by the Director General. This order has been challenged in the present petition.