MADHAV CHETTRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Petitioner was a Sub-Inspector in the Sikkim Police appointed vide Office Order No.1/PHQ/12 dated 02-01-2012 under a Memorandum dated 05-01-2012, Annexure P2 (collectively), as per which the appointment was initially temporary on probation for 2 (two) years.

(2.) (i). Without going into much detail, it would be sufficient to note that during the period of probation, the Petitioner received a notice dated 18-11-2013, Annexure P8, issued by the Respondent No.5, whereby he was asked to show cause as to why he should not be discharged from service summarily in terms of Clause (ii) of Sub-Rule (A) of Rule 7 of the Sikkim Government Establishment Rules, 1974 (for short "Rules of 1974") as he had been arrested in connection with Sadar PS Case FIR No.267(11)13 dated 12-11- 2013 under Sections 457/380 of the Indian Penal Code, 1860 (for short the "IPC") and remained in police custody till 18-11-2013 and remanded to judicial custody thereafter. It was alleged that he was found in possession of stolen articles like, one 9 mm pistol bearing no.16109492 with live ammunitions, some case exhibits including 4 (four) gold rings, 2 (two) strips of contraband substance, etc., and, upon examination of the matter, it was deemed appropriate to summarily discharge him from service in terms of Rule 7(A)(ii) of the Rules of 1974 with immediate effect.

(3.) (i). In the counter-affidavit filed on behalf of the State-Respondents, the factual aspects of the case set out in the Writ Petition have not been denied except to state that the action taken by them was unassailable having been issued validly and as permissible under the rules as a consequence of the serious criminal charges against the Petitioner. That the Petitioner being a probationer, was liable for summary discharge from service under Rule 7(A)(ii) of the Rules of 1974 if his performance was found unsatisfactory during the period of probation.