LAWS(CAL)-2008-12-13

BARUN BANDYOPADHYAY Vs. UNION OF INDIA

Decided On December 04, 2008
BARUN BANDYOPADHYAY Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) IN this writ application, the petitioner who was a Constable of the central Reserve Police Force (CRPF) has challenged an order No. LX-MISC, 07-169-EC-ll dated 10th August, 2007 passed by the Commandant, 169 Battalion, CRPF terminating the service of the petitioner.

(2.) THE petitioner submits that the said order of termination is in flagrant violation of the principles of natural justice inasmuch as no opportunity of hearing and/or representation has been given to the petitioner. The order of termination has apparently been issued in exercise of power conferred under Rule 5 of the Central, Civil Services (Temporary Service) Rules, 1965, hereinafter referred to as the service Rules.

(3.) RULE 5 (1) of the Service Rules is extracted hereinbelow for convenience:-