JUDGMENT : 1. This appeal under Clause 10 of the Letters Patent is directed against the order/judgment dated 29.01.2021 passed by learned Single Judge in W.P. (S) No. 2712 of 2012, by which appellate order dated 30.12.2011 passed by Inspector General, OPS, Jharkhand Sector, CRPF as also order of punishment dated 03.09.2011 and 04.10.2011, issued by the Commandant, 133 Bn, C.R.P.F. Ranchi terminating the services of the petitioner, has been quashed and set aside while allowing the writ petition. 2. The brief facts of the case as per the pleading made in the writ petition required to be enumerated, read as under: The petitioner applied for selection for the post of Driver in C.R.P.F. Hazaribagh, Jharkhand, 22 Battalion, CRPF Recruitment Centre and accordingly appeared for written test conducted on 06.07.2008, in which, he was declared successful and was informed that offer of appointment shall be sent to his residential address. But for a long period, when no appointment letter was sent to him, the writ petitioner represented before the respondents-authorities several times. The Deputy Inspector General, (Group Centre), CRPF, Sindri, Dhanbad vide letter dated 13.07.2010 informed the petitioner that on verification the driving license of the petitioner, purported to be issued by District Transport Officer, Mon. Nagaland, was found to be false and fabricated. Aggrieved thereof, the petitioner approached the Patna High Court by filing writ petition being C.W.J.C. No. 2306 of 2011, which was disposed of vide order dated 09.02.2011 in terms of order dated 05.02.2010 passed in CWJC No. 368 of 2010 [Suman Kumar vs. Union of India and Others] whereby the respondent authority was directed to permit the petitioner-Suman Kumar to be appointed on the post of Driver as his Driving Licence was found to be genuine, granting liberty to the respondents-authorities to verify the genuineness of the driving license and correctness of the certificate issued by the D.T.O. Mon, Nagaland. In terms of the order passed by Patna High Court, the petitioner was directed to report at Group Centre, Ranchi on or before 12.08.2011 along with original documents. Accordingly, the petitioner reported at CRPF Centre, Ranchi and was appointed on the post of Driver and started to discharge his duties. However, the respondents-authorities before sending the petitioner for basic training subjected him to complete medical examinations on 29.08.2011 and 30.08.2011. Accordingly, the petitioner reported at CRPF Centre, Ranchi and was appointed on the post of Driver and started to discharge his duties. However, the respondents-authorities before sending the petitioner for basic training subjected him to complete medical examinations on 29.08.2011 and 30.08.2011. After examination, the doctor observed that the candidate (petitioner) has only 10 dental points present out of 22 dental points, therefore, he rendered the petitioner ‘Unfit’ due to carriage teeth. Considering the fact that the petitioner is medically unfit, the petitioner was served with termination notice under Section 5(1) of the Central Civil Service (Temporary Service) Rules, 1965 vide order dated 03.09.2011 stating that on expiry of one month from the date of receipt of this notice, his services shall stand terminated. Thereafter, the petitioner was served with letter dated 04.10.2011 whereby it has been intimated that services of the petitioner has been terminated w.e.f. 04.10.2011. It is the case of the petitioner that no reason has been assigned either in letter dated 03.09.2011 intimating that his services shall be terminated on expiry of one month from the date of receipt of this letter or in letter dated 04.10.2011 whereby services of the petitioner has been terminated. Therefore, the petitioner preferred appeal before the Inspector General of Police, Bihar Sector, CRPF, Patna, which was sent before the Inspector General, OPS, Jharkhand Sector, CRPF, Ranchi. The appellate authority rejected the appeal vide order dated 30.12.2011 stating therein that the petitioner was declared unfit due to carriage teeth by the medical examination since he has 10 dental points present out of 22 dental points. Aggrieved thereof, the petitioner again preferred writ petition being CWJC No. 4042 of 2012 before the Patna High Court which was disposed vide order dated 28.02.2012, considering the fact that impugned orders have been passed by the authorities at Jharkhand, therefore, the jurisdiction lies with Jharkhand High Court. Aggrieved thereof, the petitioner again preferred writ petition being CWJC No. 4042 of 2012 before the Patna High Court which was disposed vide order dated 28.02.2012, considering the fact that impugned orders have been passed by the authorities at Jharkhand, therefore, the jurisdiction lies with Jharkhand High Court. Under such circumstance, the petitioner preferred writ petition being W.P. (S) No. 2712 of 2012 on the ground that the order of punishment passed under Rule 5(1) of the Central Civil Services (Temporary Services), Rule, 1965 has been passed without giving any opportunity of hearing to the petitioner and further the appeal preferred by the petitioner was rejected assigning the reason which is stigmatic one, as such opportunity of hearing ought to have been given but having not done so there is gross violation of principles of natural justice. The respondents opposed the prayer made by learned counsel for the petitioner by relying on Sub-Rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 and submitted that since the petitioner is a probationer/temporary employee, therefore, he is not entitled for constitutional right as enshrined under Article 311 of the Constitution of India and one month’s notice as per Rule has been served to the petitioner. Further, in the appeal, the petitioner was given full opportunity to defend his case. As such there is no infirmity in the order passed by the disciplinary authority as well as by the appellate authority. The learned Single Judge, considering the rival submissions advanced by learned counsel for the parties, has held that though the impugned order of termination appears to be simplicitor but the reasons assigned in the appellate order made the punishment stigmatic and punitive in nature, therefore, adherence of principles of natural justice before passing such order is must and accordingly, quashed and set aside the impugned orders of punishment by allowing the writ petition, which is the subject matter of instant intra court appeal. 3. This Court has heard the matter at length as would appear from the order dated 27.09.2022 and after appreciating the rival submissions of the parties, more particularly, the concession of the learned counsel for the petitioner to the effect that he is still ready for fresh medical examination by any independent medical institution, this Court, in the ends of justice, passed the order for fresh medical test by independent Army Medical Hospital. 4. 4. The writ petitioner agreed for his appearance for Denture Test on 07.10.2022 at 10:30 a.m. at Army Hospital, Contonment Area, Namkum. For ready reference, the relevant part of the order dated 27.09.2022 is being reproduced as under: “......This Court, after appreciating the argument advanced on behalf the parties, is of the considered view that for the ends of justice, the petitioner is required to be sent for fresh medical test by independent Army Medical Hospital. Mr. Anil Kumar, learned Additional Solicitor General of India, appearing for the Union of India, has been requested to seek instruction in this regard from the competent authority of the Army Hospital at Ranchi about the feasibility of medical examination of the petitioner. Learned ASGI, on instruction, submits that the petitioner may be asked to appear before the Army Hospital at Cantonment Area, Namkum on a fixed date. In view thereof, as agreed by the petitioner, the writ petitioner is directed to appear for Denture Test on 07.10.2022 at 10.30 a.m. at Army Hospital, Cantonment Area, Namkum. The doctor specialized in testing the dental examination shall examine the petitioner, as per Uniform Guidelines fixed for paramilitary forces, like CRPF, copy of which shall be provided by the appellant. The report so prepared by the doctor shall be submitted by the ASGI under sealed cover before this Court on the next date of hearing.” 5. Learned Additional Solicitor General of India, in pursuance of the order dated 27.09.2022 has produced a report of the test conducted on 07.10.2022 in sealed cover. The sealed cover has been opened in open Court. This Court has perused the said report and also served the scanned copy of the same to the learned counsel for the petitioner. 6. This Court, on perusal of the medical report, has found therefrom that the reason for medical unfitness as was taken as a ground for terminating the writ petitioner from service, i.e. total nos. of dental points as 10/22, is same in the said report and the writ petitioner has been declared to be dentally unfit. For ready reference, the details of the said report is being reproduced as under: JHARKHAND HIGH COURT ORDER DATED 27.09.2022 PASSED IN L.P.A. NO. 197 OF 2021 (UNION OF INDIA VRS. of dental points as 10/22, is same in the said report and the writ petitioner has been declared to be dentally unfit. For ready reference, the details of the said report is being reproduced as under: JHARKHAND HIGH COURT ORDER DATED 27.09.2022 PASSED IN L.P.A. NO. 197 OF 2021 (UNION OF INDIA VRS. AMAN TEWARY OTHERS FOR CARRYING OUT DENTAL EXAM AT MH NAMKUM) Authority: HQ MB Area letter No. 530110/M-3A/RR/17 dated 03 October 2022 Name of the Petitioner: Aman Tiwari Identification Mark: (a) Scar on forehead (b) Scar on the left forearm Signature Left Thumb Impression DENTAL EXAMINATION 1. Total Nos of Teeth 24/32 Missing/Unsaveable Teeth 08 2. Total Nos of Defective Teeth NIL U.R. 876 54321 12345 6 78 U.L. 3. Total Nos of Dental Points 10/22 L.R. 87 6 54321 12345 678 L.L. 4. Condition of Guma Gingival recession Missing teeth to be indicated by Horizontal line (--) and Unsaveable teeth by Cross (x) through the appropriate number. Remarks: Dentally Unfit DENTALLY UNFIT (Neeru Kanwar) Lt. Col Dental Officer AD Corps Dated: 07.10.2022 7. This Court, on the basis of the aforesaid medical examination report, is of the view that the reason for terminating the writ petitioner from service since is based upon the medical unfitness, i.e. writ petitioner was found to be dentally unfit has been found corroborated from his medical examination (dental examination) by the independent medical board, i.e. Military Hospital, Namkum, Ranchi. 8. 8. This Court having considered the aforesaid report has gone across the order passed by the learned Single Judge wherefrom it is evident that the learned Single Judge has failed to appreciate the fact that the order of termination is not based upon any stigma rather it is on the ground of medical unfitness, as such, the reason assigned by the learned Single Judge at paragraph-7 of the impugned order, wherein, the learned Single Judge has come to conclusion that the order is stigmatic in nature which led the learned Single Judge to interfere with the impugned order by quashing and setting it aside but this Court, after going through the appellate order as has been appended as Annexure-12 to the writ petition, has found that the ground upon which the writ petitioner, namely, Aman Tiwari was appointed as Constable(Driver) under respondent CRPF which was based upon the false and fabricated driving licence which was produced by the writ petitioner being Driving Licence No. 41841/TV/MON/08 dated 07.02.2008 issued by the District Transport Officer, District-Mon, State-Nagaland and the said licence was initially found to be false and fabricated since the said driving licence was neither issued by the DTO, Mon, Nagaland nor singed in their official capacity. But, on its re-verification in compliance of the order dated 09.02.2011 passed by the Patna High Court in CWJC No. 2306 of 2011 the driving licence bearing No. 41841/TV/MON/08 was found to be genuine as per the report submitted by the DTO, Mon, Nagaland vide letter no. MON/RTI/42/2008/17543 dated 27.06.2011 based upon which the writ petitioner was issued offer of appointment for the post of Constable(Driver) in CRPF vide DIG, Group Centre, CRPF, Ranchi letter no. R.II.5/2011-Estt.5 dated 13.07.2011. The writ-petitioner was sent for medical examination before going for the basic training in which he was declared medically unfit since it was observed that the writ petitioner was having only 10 out of 22 dental points. R.II.5/2011-Estt.5 dated 13.07.2011. The writ-petitioner was sent for medical examination before going for the basic training in which he was declared medically unfit since it was observed that the writ petitioner was having only 10 out of 22 dental points. Therefore, according to the appellate order, the termination of the writ petitioner was on the basis of his medical unfitness since he was having only 10 out of 22 dental points which was not in consonance with the requirement of the nature as would appear from Annexure-15 series appended to the memo of appeal wherein the general condition of dental examination has elaborately been dealt with pertaining to the requirement to treat a candidate medically fit so far as the dental examination is concerned wherein the maximum dental points for enabling a candidate to be fit has been earmarked as 22 as per the tabular chart contained in the parameters. For ready reference, the said tabular chart is being reproduced as under: S. No. Name of Teeth Teeth in either Jaw Number allotted for each tooth, if in good functional apposition to the corresponding teeth in the other jaw Dental points 1. Incisors 4 1 4 2. Canine 2 1 2 3. Premolars 4 1 4 4. Molars 6 2 12 Maximum total points [4+2+4+12] 22 9. This Court, in view of the aforesaid factual background, is of the considered view that the conclusion as has been arrived at by the learned Single Judge which led the learned Single Judge to interfere with the impugned order treating the appellate order to be stigmatic in nature cannot be considered to be a good ground to interfere with the decision taken by the respondent-authorities since the termination of the writ petitioner was not on the basis of any stigma rather it is on the ground of medical unfitness and as such it cannot be treated to be stigmatic in nature and that is the reason the respondent authorities has terminated the writ petitioner from service by resorting to the provision of the Central Civil Services (Temporary Service) Rules, 1965 which confers power upon the authority to deal with temporary employees in view of the provision of sub-rule (1) of Rule 5 of the Rules, 1965. 10. This Court, in view thereof, is of the view that the order passed by the learned Single Judge requires interference. 11. 10. This Court, in view thereof, is of the view that the order passed by the learned Single Judge requires interference. 11. Accordingly, the impugned order dated 29.01.2021 passed in W.P. (S) No. 2712 of 2012 is hereby, quashed and set aside. 12. In the result, the instant appeal stands allowed. 13. In consequence thereof, the writ petition being W.P. (S) No. 2712 of 2012 stands dismissed. 14. Pending interlocutory applications, if any, also stands disposed of. 15. Let a scanned copy of the medical examination report be supplied to the petitioner and one be kept in record and the original be returned to the learned Additional Solicitor General of India.