Deepak Roshan,J. - (1.) Heard through V.C.
(2.) The instant writ application has been preferred by the petitioner praying therein for quashing the order dated 30.12.2011 (Annexure-12), issued by the Inspector General, OPS, Jharkhand Sector, CRPF, Ranchi, whereby the appeal preferred by the petitioner against the office order dated 03.09.2011 (Annexure-8) and order dated 4.10.2011 (Annexure-9) issued by the Commandant, 133 Bn, C.R.P.F, Ranchi terminating the petitioner from his service, has been rejected on the ground that he is medically unfit for the reasons that the petitioner has 10 dental points in place of 22 dental points.
(3.) Mr. Anil Kumar Sinha learned senior counsel for the petitioner submits that the order of punishment, whereby the petitioner has been removed under Rule 5 of Central Civil Services (Temporary services), Rule, 1965, has been passed without giving any opportunity to the petitioner. Further, when the appeal was preferred by the petitioner; the same was rejected and a detailed reason has been assigned in the said appellate order which makes the order stigmatic, inasmuch as, the stigma which has been mentioned in the appellate order will adversely affect the future prospect of this petitioner. He further contended that as per the settled law as laid down in catena of judgments by the Hon'ble Apex Court it has been held that even a temporary employee or a probationer has to be removed by following the principles of natural justice if any of the document transpires some sort of stigma and in the instant case the appellate order clearly transpires that the petitioner has been removed because he is medically unfit for the reason that he has only 10 dental points in place of 22 dental points. He further referred to the judgment of this Court delivered in the case of Pintu Kumar Yadav [W.P.(S) No. 398 of 2015] and submits that the issue involved in this application is squarely covered by the said judgment. ;