DINESH PASWAN Vs. UNION OF INDIA
LAWS(CAL)-2013-10-18
HIGH COURT OF CALCUTTA
Decided on October 08,2013

Dinesh Paswan Appellant
VERSUS
UNION OF INDIA Respondents

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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