RAM PRAKASH JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition, the petitioners have challenged the order dated 19.1.2006, by which they have been terminated from service. Against the said order, the petitioners had preferred appeal before the appellate authority, but the same has also been rejected by order dated 12.5.2006.

(2.) THE brief facts, as has been argued on behalf of the petitioners, is that the petitioners had been appointed as constables under the Central Reserved Police Force in terms of an advertisement after following due procedures on 27.5.2003 and 31.3.2003 respectively. After being appointed, the petitioners had started discharging their duties. Pursuant to the reports submitted by the C.B.I with respect to commission of irregularities in the said appointment, the petitioners along with other 64 persons had been directed to undergo remedial examination, which was held on 21.9.2005. On medical reexamination, the petitioner No.1 was not found medically fit on the ground of (a) left side DNS (b) left side hydrocele (c) B/L vercose vein with hypo piguntetion of B/L feet. On medical reexamination, the petitioner No.2 was not found medically fit on the ground of (a) knock knee (b) deformed Arch of feet, B/L i.e. partial tallpes eqhino venus deformity (club feet) (c) Tania verniclolur warte on back of neck. Thereafter, the petitioners had been terminated from service by the impugned order in exercise of power conferred under sub -rule (1) of Rule 5 of the Central Civil Service (Temporary Service) Rules, 1965.

(3.) LEARNED counsel for the petitioners submitted that the petitioners had been appointed after medical examination, they had been permitted to discharge their duties, but they had been directed to undergo remedial examination on a complain made by the C.B.I. Once the petitioners had been medically examined and they had been directed to discharge their duties as constables, there was no occasion to againdirect them to undergo remedial examination. The petitioners had been terminated from service without following due procedure of law in exercise of power conferred under sub -rule (1) of Rule 5 of the Central Civil Service (Temporary Service) Rules, 1965. Since the petitioners had been appointed against the permanent sanctioned posts, they were entitled to be proceed departmentally under Article 311(2) of the Constitution of India, but without following due procedure of law, they have been terminated without considering the fact that sub -rule (1) of Rule 5 of the Central Civil Service (Temporary Service) Rules, 1965 will not be applicable because the posts on which the petitioners had been appointed were permanent in nature. As per the definition given in the Central Civil Service (Temporary Service) Rules, 1965, the petitioners are not coming under the purview of the said rules. It has been submitted that 66 enrolled persons including the petitioners had been remedically examined, but most of them are in service, though they have been found medically unfit. It has been further submitted that other 64 enrolled persons had also been terminated on the ground of medical unfitness, but they have been taken back in service. The respondents have adopted pick and choose policy and they have not reinstated the petitioners in service, which is discriminatory. Learned counsel placed reliance on the judgments rendered by this Court in Anil Kumar Das & Ors. Vs. The Union of India & Ors , 2011 4 JL JR 215 and i n Debabrata Shit Vs. Union of India through the Inspector General of Police, B/S, Central Reserve Police Force, Patna & Ors, 2012 2 JCR 466.