Manipur High Court
Jwala Kumar Singh vs Union Of India & 7 Ors on 28 January, 2025
Author: A. Guneshwar Sharma
Bench: A. Guneshwar Sharma
Item No. 4
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No. 381 of 2023
Jwala Kumar Singh.
...Petitioner
- Versus -
Union of India & 7 Ors.
...Respondents
B EF O R E
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
ORDER
28-01-2025
[1] Heard Mrs. L. Sillori, learned counsel for the petitioner and
Mr. S. Vijayanand Sharma, learned Sr. PCCG along with Mr. Shokpei
Woleng, learned counsel for the respondents.
[2] The petitioner, who was appointed as Constable/GD in the Central
Reserve Police Force (CRPF) vide order dated 17-03-2021, was terminated
for deliberately not disclosing his arrest in criminal case. In pursuance of
sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service)
Rules, 1965, the Commandant-143 Battalion CRPF terminated the service
of the petitioner on expiry of statutory one month from the date of receipt of
the impugned notice dated 23-03-2023.
[3] The petitioner challenges the notice of termination of service dated
23-03-2023 mainly on the ground that the order is in violation of Rule 5 of
the Central Civil Services (Temporary Service) Rules, 1965 as the reason
of termination for an employee under probation period should not be
mentioned and another ground is that the termination is without conducting
WP(C) No. 381 of 2023 Page 1 of 3
an enquiry in terms of Article 311 of the Constitution of India. Admittedly, the
writ petition was filed on 21-04-2023. However, during the pendency of the
writ petition, the Inspector General, Karnataka-Kerala Sector, CRPF issued
another order dated 02-05-2023 deleting the offending part from the
impugned notice of termination of service dated
23-03-2023 and the reasons mentioned in the said notice have been
deleted.
[4] It is the case of the petitioner that the order dated 02-05-2023 has
not been furnished to the petitioner and in the circumstances, vide order
dated 13-12-2024, this Court directed the learned counsel appearing for the
Central Government to produce a copy of the order dated 02-05-2023 sent
to the petitioner with the postal endorsement. Accordingly, Mr. S. Vijayanand
Sharma, learned Sr. PCCG has produced a copy of the letter dated
15-01-2025 sent by the DIG-ADM-IGKKS to the DIG (Adm), Manipur &
Nagaland Sector, CRPF with the postal receipt of sending the second order
dated 02-05-2023 to the petitioner.
[5] Mrs. L. Sillori, learned counsel for the petitioner submits that since
the order dated 02-05-2023 deleting certain offending part of impugned
notice of termination of service dated 23-03-2023 has been issued after filing
of the writ petition, the same has no substance and cannot affect the merit
of the writ petition.
[6] However, this Court is of the opinion that after the issuance of the
subsequent order dated 02-05-2023 by the Inspector General of Police,
Karnataka-Kerala Sector, CRPF deleting certain offending part of the notice
of termination of service dated 23-03-2023, the writ petition can be disposed
WP(C) No. 381 of 2023 Page 2 of 3
of giving liberty to the petitioner to challenge the order dated 02-05-2023
issued by the Inspector General, Karnataka-Kerala Sector, CRPF, if so
desired. Accordingly, the writ petition is disposed of without expression any
opinion on the merit of the case and giving liberty to the petitioner to
challenge the order dated 02-05-2023 issued by the Inspector General of
Police, CRPF Karnataka-Kerala Sector before the appropriate forum, if so
advised. It is clarified that if any petition is filed before the appropriate forum,
the matter shall be considered on merit.
[7] Mr. S. Vijayanand Sharma, learned Sr. PCCG has placed before
this Court a copy of the letter dated 15/1/2025 of DIG-ADM-IGKKS and a
postal receipt and the same are taken on record.
[8] Furnish copy of this order to the learned counsel appearing for the
parties.
JUDGE
Victoria
NINGOM Digitally signed
by NINGOMBAM
BAM VICTORIA
Date: 2025.01.30
VICTORIA 10:33:41 +05'30'
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