Abhishek Kumar Sharma v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9189 of 2019 • Abhishek Kumar Sharma, S/o. Shri Rakesh Kumar Karpuri, Aged About 24 Years, Presently Posted And Working As Constable Driver, In The Office Of The Commandant-212 Bn, C.R.P.F., Paidagudem, District-Sukma Chhattisgarh ---- Petitioner

Versus

1. Union Of India, Through The Directorate General, Central Reserve Police Force, Block No. 1, C.G.O. Complex, Lodhi Road, New Delhi 110003

2. Commandant Office Of The Deputy Inspector General Of Police, Group Center, Central Reserve Police Force, Amethi, Uttar Pradesh

3. Commandant Office Of The Commandant-212 BN, CRPF, Paidagudem, District-Sukma Chhattisgarh ---- Respondents For Petitioner :

Shri Ashutosh Shukla, Advocate For Respondents :

Shri R.K. Gupta, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 21/11/2019 Heard.

1. Learned counsel for the petitioner would submit that the petitioner was appointed on November, 2017 and initially though was appointed on probation, the termination notice (Annexure P-1) has been issued on October, 2019 and has informed that his services would be terminated after completion of one month from the date of service of notice. Learned counsel

for the petitioner further contends that the said notice has been out come of malafide and as it has been stated that there are certain concealment in the application and as per the law laid down in (2010) AIR (SCW) 5438 the probation cannot be cancelled on a punitive ground. He further submits that the petitioner may be given liberty to make a representation to the Respondent No. 3 to consider the case sympathetically, as no enquiry was held.

2. Considering the fact, the petitioner is given liberty to make a representation within a week to Respondent No. 3, who in turn shall decide the representation of the petitioner sympathetically.

3. Accordingly, the petition stands disposed of. Sd/- Goutam Bhaduri Judge Jyoti