SANJIB KUMAR BANERJEE Vs. UNION OF INDIA & ORS.
LAWS(CAL)-2014-8-168
HIGH COURT OF CALCUTTA
Decided on August 08,2014

Sanjib Kumar Banerjee Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

SAMBUDDHA CHAKRABARTI, J. - (1.) The petitioner was a Constable in the Central Industrial Security Force (CISF, for short). During the period of probation on the charge of unauthorised absence a departmental proceeding was initiated against him. During the pendency of the proceeding, the petitioner was served with a letter of termination by the Deputy Commandant, CISF Unit, BRPL, in terms of the agreement executed by him under Rules 15 & 19 of the CISF Rules.
(2.) The petitioner filed an appeal which was rejected by the Inspector General, North Eastern Sector (NES) of the CISF. This was followed by an attempt for unsuccessful review.
(3.) The petitioner has challenged the order of termination on two grounds, viz, the respondents had taken a short-cut method of terminating the service of the petitioner without completing the disciplinary proceeding and the DIG was not the competent authority to terminate petitioner 's service during the period of probation as he was not the appointing authority.;


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