- (1.) IN this writ application, the petitioner who was a Constable of the central Reserve Police Force (CRPF) has challenged an order No. LX-MISC, 07-169-EC-ll dated 10th August, 2007 passed by the Commandant, 169 Battalion, CRPF terminating the service of the petitioner.
(2.) THE petitioner submits that the said order of termination is in flagrant violation of the principles of natural justice inasmuch as no opportunity of hearing and/or representation has been given to the petitioner. The order of termination has apparently been issued in exercise of power conferred under Rule 5 of the Central, Civil Services (Temporary Service) Rules, 1965, hereinafter referred to as the service Rules.
(3.) RULE 5 (1) of the Service Rules is extracted hereinbelow for convenience:- "5. Termination of Temporary Service (1 ) (a) The services of a temporary Government servant shall be liable to termination at any time by a notice in writing given either by the Government servant to the Appointing Authority or by the appointing Authority to the Government servant. (b) the period of such notice shall be one month: provided that the service of any such Government servant may be terminated forthwith and on such termination, the government servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances for the period of the notice at the same rates at which he was drawing them immediately before the termination of his services or, as the case may be, for the period by which such notice falls short of one month. ";