JUDGEMENT
SAMBUDDHA CHAKRABARTI,J. -
(1.) THE short question that has cropped up for consideration in this writ
petition is whether the petitioner 's service during the period of
probation was validly terminated. Underlying this lies a more fundamental
question about the consequence when a probationer 's period of probation
has expires but the same has not been extended.
(2.) THE petitioner was appointed in the Central Industrial Security Force (CISF, for short) and he joined the said post on May 19, 2001. It was
mentioned in the letter of appointment that he was placed on probation
for a period of two years in the first instance. As such the period of
probation was supposed to expire on May 18, 2003.
The petitioner received an order dated June 12, 2013 issued by the Deputy Inspector General, CISF, Durgapur to the effect that during the period of
probation his service has not been found fit for further retention in
service. Therefore, his services were terminated with immediate effect
with one month 's salary in lieu one moth 's notice. He made an appeal
against the said order of termination and the Inspector General by an
order dated December 1, 2003 confirmed the said order as after the expiry
of the period of probation he was deemed to be on probation under the
CISF Rules. This time the petitioner made representation to the Director
General, CISF praying for an order of his reinstatement in service.
(3.) BY a letter dated July 2, 2004 the Assistant Inspector General (L&R) CISF disposed of the petitioner 's representation. He was informed that his
services were terminated for suppression of his involvement in a criminal
case at the time of recruitment. He was further informed that there was
no provision in the CISF Act and Rules for considering the appeal and
revision by the Director General. This order has been challenged in the
present petition.;
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