LAWS(CAL)-2018-1-161

UMESH KUMAR Vs. UNION OF INDIA & ORS

Decided On January 15, 2018
UMESH KUMAR Appellant
V/S
Union of India And Ors Respondents

JUDGEMENT

(1.) This appeal has been filed from the order dated 09- 03-2015 and rightly so, the writ petition was dismissed.

(2.) In the writ petition filed, the appellant sought to set aside the order dated 10th September, 2001. On perusal of the said order, no stigma has been attached to his service. Admittedly, the writ petitioner was a Constable of CISF and joined the said Force on 15th September, 1997. Extension was granted and after granting several extensions, his service record came up for confirmation and it is at this juncture that stock was taken of his acts so also inaction. The probation report is dated 11th August, 2001. The said probation report was considered and by order dated 18th August, 2001, the Assistant Commandant for Group Commandant, CISF Group Headquarters, Guwahati was of the opinion that the case was to be re-looked through the ACRs and this is exactly what was done by the D.C., IOC. On a reconsideration of the ACR of the appellant probationer, the order dated 19th August, 2001 was passed.

(3.) While doing so, they considered the nine minor punishments awarded during the period of probation to the appellant and based on his past performance, the D.C., CISF, Unit of IOC, Guwahati made a recommendation. This recommendation or all his recommendations should have been re-accepted or rejected and this is exactly what has been done. This finds mention from the order dated 10th September, 2001.