GORDHAN RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The facts of the case are that petitioner applied for the post of Constable in CAPF (Central Armed Police Forces) and after successful clearance of written examination as well as medical examination he was offered appointment. The petitioner joined his services on 4/4/2017 but on 20/6/2018, a termination notice was served on him and vide that notice it was communicated that he would be deemed to be out of services after completion of a period of one month from the date of notice.

(2.) It is the case of the petitioner that he received the said notice on 24/7/2018 only as he was on leave during the period. Soon after receipt of the notice on 24/7/2018, he moved representation dtd. 26/7/2018 to the Inspector General, CISF. The said representation was termed to be an appeal under the provisions of the Central Industrial Security Force Rules, 2001. Vide order dtd. 23/8/2018, respondent-authority dismissed the appeal of the petitioner and terminated him from services. Meanwhile vide order dtd. 28/9/2018, the appellate authority dismissed the appeal of petitioner and affirmed the termination notice dtd. 20/6/2018. Against the order dtd. 20/6/2018 the present writ petition has been filed.

(3.) A preliminary objection has been raised by counsel for the respondents that order dtd. 28/9/2018 passed by the appellate authority has not been challenged by the petitioner and the same having become final, in absence of a challenge to the same, the present writ petition is not maintainable.