Madras High Court
K.Mahesh Kumar vs The Union Of India on 12 September, 2023
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.2858 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.2858 of 2015
K.Mahesh Kumar ... Petitioner
Vs.
1.The Union of India,
Rep. By the Deputy Inspector General of Police,
Central Reserve Police Force,
R/Taralu, Bangalore
2.The Commandant,
229, Battalion CRPF,
Avadi, Chennai 600 065 ... Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of
India praying to issue Writ of Certiorarified Mandamus calling for the
records relating to Termination Order No.D.II.38/2014-229-EC-II(KMK)
dated 06.12.2014 passed by the second respondent and to quash the same
consequently reinstate the petitioner in service in the same post which
was held by him prior to his termination will all attended benefits.
For Petitioner : No appearance
For Respondents : Mr.V.Balasubramanian,
Senior Panel Counsel
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https://www.mhc.tn.gov.in/judis
W.P.No.2858 of 2015
ORDER
This writ petition has been filed challenging the order passed by the second respondent dated 06.12.2014 thereby terminated the petitioner from service.
2. On perusal of records, the petitioner was appointed as Constable(GD) by the first respondent. Thereafter, he had gone for training at the Office of the second respondent from 26.09.2013. Before joining into service, he had involved in a criminal case resulted in registration of FIR in crime No.76 of 2012 dated 20.02.2012 for the offence under Sections 342 & 307 of IPC on the file of the Inspector of Police, Shadnagar Police Station, Andrapradesh. Therefore, he had concealed the truth of his involvement in a criminal case as required under Service Rules while filling up the Verification Roll as per warning stipulated therein. After completion of investigation, prosecution has been initiated in SC.No.329 of 2012. As per Rule 5 of Central Civil Services (Temporary Service) Rules, 1965, temporary Government servant may be terminated at any time by a one month notice in writing 2/4 https://www.mhc.tn.gov.in/judis W.P.No.2858 of 2015 either by the Government servant to the appointing authority or by the appointing authority to Government service or forthwith. Therefore, the petitioner was terminated forthwith along with one month pay and allowances.
3. Hence, this Court finds no infirmity or illegality in the order of termination passed by the second respondent. As such, this writ petition is devoid of merits and liable to be dismissed. Accordingly, this writ petition is dismissed. There shall be no order as to costs.
12.09.2023 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok 3/4 https://www.mhc.tn.gov.in/judis W.P.No.2858 of 2015 G.K.ILANTHIRAIYAN, J.
lok To
1.Deputy Inspector General of Police, The Union of India, Central Reserve Police Force, R/Taralu, Bangalore
2.The Commandant, 229, Battalion CRPF, Avadi, Chennai 600 065
3.The Government Advocate, High Court, Madras.
W.P.No.2858 of 2015
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