HARIKANT Vs. UNION OF INDIA (UOI) AND ORS.

JUDGEMENT

(1.) THE petitioner was recruited as a Constable in the Central Reserve Police Force (hereinafter referred to as C.R.P.F.) on March 21, 2003. Basic training of the petitioner along with all other recruits had commenced on April 21, 2003. During the training on June 18, 2003, he fell ill and was referred to Base Hospital -1, C.R.P.F., New Delhi. The petitioner was found suffering from tuberculosis. After preliminary treatment, he was discharged from the Hospital on August 30, 2003, and was advised continuous treatment for nine months with periodical check -up.

(2.) THE Commandant, 153 Battalion, C.R.P.F., Kadarpur, Gurgaon (Haryana) (respondent No.4) did not consider appropriate to keep the petitioner in service and terminated his services on October 01, 2003 vide order Annexure P -4 by referring to the provisions of Sub -rule (1) of Rule 5 of the Central Civil Services (Temporary Services) Rules, 1965 (hereinafter referred to as 'the Rules of 1965') read with Rule 16 of the Central Reserve Police Rules, 1955 (hereinafter referred to as 'the C.R.P.F. Rules). Aggrieved against the order dated October 01, 2003 (Annexure P -4), the petitioner filed appeal before the Inspector General of Police, North Sector, C.R.P.F., New Delhi (respondent No.2), which was dismissed vide order dated September 28, 2006 (Annexure P -6).

(3.) WE have heard Ms. Balwinder Kaur, Advocate, appearing for the petitioner and Mr. Sanjiv Kaushik, Advocate, appearing for the respondents and have gone through the records of the case.