PATNA, India, Oct. 15 -- Patna High Court issued the following judgment on Sept. 16:
Heard Mr. Rajesh Kumar Mishra, learned counsel for the appellant, Mr. Anand Kumar Ojha, learned Senior counsel for the Union of India and assisted by Dr. Iti Suman, learned Central Government Counsel.
2. The present appeal is directed against the judgment/order dated 02.12.2021, passed in CWJC No. 9076 of 2017 the Hon'ble writ court after hearing the parties has been pleased to dismiss the writ application.
3. Learned counsel for the appellant submits that the appellant applied for appointment for the post of Constable in the Central Reserve Police Force in the year 2014. Prior to his application in the year 2013 one Janardan Yadav had instituted an F.I.R. against the appellant and other co-accused persons who happens to be the family members of the appellant and the F.I.R. was registered as Dhansoin P.S. Case No. 45 of 2013 under Sections 147, 148, 149, 323, 307, 435, 504 of the Indian Penal Code and Section 27 of the Arms Act. After physical examination, the appellant was selected and appointment letter was issued for the post of CT/Cook Constable on temporary basis. On 07.08.2015, the appellant joined the Central Reserve Police Force as Force No. 155200356 RT/Cook 11th Battalion, Central Reserve Police Force.
4. Learned counsel for the appellant further submits that the learned Additional District and Sessions Judge-VI, Buxar in Sessions Trial No. 420 of 2015 has been pleased to acquit all the accused persons including the appellant in Sessions Trial No. 420 of 2015 arising out of Dhansoin P.S. Case No. 45 of 2013. Learned counsel for the appellant submits that the termination order was passed vide letter dated 03.08.2016 under the signature of Respondent No. 5 under Rule 5(1) Central Civil Services (Temporary Service) Rules, 1965. On 07.08.2016, the termination order issued from the office of Commandant with effect from 07.08.2016 and thereafter No Dues Certificate was issued on 07.08.2016. The appellant was finally relieved from the post. The appellant has preferred writ petition challenging the termination order. The aforesaid writ petition bearing C.W.J.C. No. 15331 of 2016 was disposed of vide order dated 02.03.2017 with a direction to the Revisional Authority (Respondent No. 2) to consider the revision application of the appellant expeditiously and preferably within a period of three months. The Revisional Authority has been pleased to dismiss the revision application of the appellant on 24.05.2017 stating therein that there is no merit in the application. Thereafter, the appellant has filed the writ application bearing C.W.J.C. No. 9076 of 2017 challenging the Revisional Order as well as the appellant order along with the original order by which his termination order was passed. Learned counsel for the appellant next contended that prior to termination notice no show cause notice was given which amounts to failure of principle of natural justice and the impugned termination order was passed ex-parte by violating the terms and conditions of CCS(TS) Rule, 1965.
5. Learned counsel for the respondent-Union of India submits that the appellant was appointed in CRPF and as per existing instructions/guidelines issued, verification roll for character and antecedents of said RT/Cook was forwarded by Group Centre, CRPF, Muzaffarpur to District Magistrate, Buxar vide letter dated 30.01.2016. On receipt of verification report from the concerned Civil Police Authority, verification report was forwarded by District Magistrate, Buxar to Group Centre, CRPF vide letter dated 09.04.2016. The remarks mentioned in the verification report of the SHO, P.S. Dhansoi, Buxar is as
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