CHENNAI: Madras High Court has directed the Commandant, Central Industrial Security Force (CISF) to reinstate a sacked sub-inspector (executive) in two weeks.
Setting aside termination order of Thiyagarajan dated January 9, 2012, Justice V. Pathiban said, “The order of termination passed by the authority without giving any opportunity to the petitioner is therefore per se unreasonable, arbitrary and the same suffers from colourable exercise of power. It has to be seen that terminating the services of the petitioner, who was merely promoted from the earlier rank of constable, is contrary to the rules and the action on the part of authority concerned discloses the vindictive mind set and therefore this court can safely infer that the termination is founded on malafide intention and cannot be sustained in law.”
Thiyagarajan joined CISF as constable on August 1, 1999 in Chennai. After training he was posted as Madhya Pradesh. He served all over India up to April 17, 2008 including in hard and difficult terrain. His services were regularised after probation in 2001.
He appeared for the examination conducted by the Department for the post of SI's (Executive) for selection through ‘limited department competitive examinations’. However, he was not selected on the ground that he was awarded a penalty to pay a fine in 2005. After several rounds of litigation, he was appointed as SI through an order dated September 8, 2011.
Thiyagarajan completed probation and training successfully in January 9, 2012. But on the same day, to his shock and surprise, he was served a termination order. Challenging the order he filed the present petition stating that no reasons were spelt out for terminating the services.
