Mohinder Pal, J. - (1.) THE petitioner was recruited as a Constable in the Central Reserve Police Force (hereinafter referred to as C.R.P.F.) on March 21, 2003. Basic training of the petitioner along with all other recruits had commenced on April 21, 2003. During the training on June 18, 2003, he fell ill and was referred to Base Hospital -1, C.R.P.F., New Delhi. The petitioner was found suffering from tuberculosis. After preliminary treatment, he was discharged from the Hospital on August 30, 2003, and was advised continuous treatment for nine months with periodical check -up.
(2.) THE Commandant, 153 Battalion, C.R.P.F., Kadarpur, Gurgaon (Haryana) (respondent No.4) did not consider appropriate to keep the petitioner in service and terminated his services on October 01, 2003 vide order Annexure P -4 by referring to the provisions of Sub -rule (1) of Rule 5 of the Central Civil Services (Temporary Services) Rules, 1965 (hereinafter referred to as 'the Rules of 1965') read with Rule 16 of the Central Reserve Police Rules, 1955 (hereinafter referred to as 'the C.R.P.F. Rules). Aggrieved against the order dated October 01, 2003 (Annexure P -4), the petitioner filed appeal before the Inspector General of Police, North Sector, C.R.P.F., New Delhi (respondent No.2), which was dismissed vide order dated September 28, 2006 (Annexure P -6). In this petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari quashing the orders dated October 01, 2003 (Annexure P -4) and September 28, 2006 (Annexure P -6). He has also prayed for issuance of a writ in the nature of mandamus directing, the respondents to reinstate him in service. In the written statement filed by the respondents, it has been stated that the petitioner fell ill on June 18, 2003 and was referred to Base Hospital -I, C.R.P.F., New Delhi by the Unit Medical Officer for treatment where he was diagnosed as a case of tuberculosis. He remained admitted in hospital from June 18, 2003 to August 30, 2003. It is further stated that a Board of Medical Officers was constituted and the petitioner was examined on September 16, 2003. The Board opined that the petitioner required test, continuous treatment and follow up for regular nine months for his recovery. Acting upon the advise given by the Board of Medical Officers coupled with the fact that the petitioner was on training, his services were terminated vide order dated October 01, 2003 and he was paid Rs. 5,514/ - i.e. salary of one month in lieu of notice period on that day itself.
(3.) WE have heard Ms. Balwinder Kaur, Advocate, appearing for the petitioner and Mr. Sanjiv Kaushik, Advocate, appearing for the respondents and have gone through the records of the case.;