GHULAM RASOOL MALIK Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner appointed as Constable in Central Reserve Police Force vide No. R-II-1/2004 Estt-V dated December, 2005 and allotted Belt No. 065341039 was terminated vide No. 2009-184-EC II dated 05.01.2009 on the ground that on verification of petitioner's character and antecedents, he was reported to have been accused in case FIR No. 211/2003 under Section 147, 354 and 323 RPC.

(2.) The petitioner aggrieved with his termination order, on 12.01.2009 preferred an appeal before Inspector General of Police, Srinagar. The Appellate Authority upheld the termination order made by Commandant 184 Bn. CRPF and rejected the appeal.

(3.) The petitioner questions the termination order as also the order of Inspector General of Police, Srinagar in appeal, on the grounds that the charge-sheet alleging commission of offence punishable under Section 147, 354 and 323 RPC having been dismissed by the trial court and the accused acquitted of all the charges, it was no more open to the Commandant 184 Bn. CRPF respondent No. 3 herein, to pass the termination order. The respondent No. 3 is said to have passed the termination order under the provisions of Central Civil Services (temporary service) Rules, 1965, (CCS (TS) Rules for short) unmindful of the fact that the rules had no application to the petitioner's case and that the petitioner's appointment was governed by the terms and conditions incorporated in the appointment offer. The authority of respondent No. 3 to terminate the service of the petitioner is further questioned on the ground that the respondent No. 3 was not the appointing authority and lacked power and jurisdiction to terminate the petitioner's service; that the petitioner having been appointed by an officer higher in rank to respondent No. 3, only such officer was competent to terminate petitioner's service.