Ex. Si/Gd Gopal Lal Jat vs Union Of India & Ors.
2013 Latest Caselaw 4089 Del

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     10
     * IN THE HIGH COURT OF DELHI AT NEW DELHI

     +                    W.P.(C) 1358/2013

      %                    Date of decision: 11nd September, 2013

      Ex. SI/GD GOPAL LAL JAT                ..... Petitioner
                     Through : Mr. N.L. Bareja, Adv.

                          versus

      UNION OF INDIA AND ORS             ..... Respondents
                    Through : Ms. Sapna Cahuhan and
                              Mr. A. Banerjee, Advs.

      CORAM:
      HON'BLE MS. JUSTICE GITA MITTAL
      HON'BLE MR. JUSTICE V. KAMESWAR RAO

GITA MITTAL, J. (Oral)
1.    This writ petition seeks quashing of the order dated 10 th
January, 2013 passed by the respondent no.3 herein cancelling the
candidature of the petitioner for the appointment to the post of Sub-
Inspector (GD) in the Central Police Organization Examination -
2011 and also debarring him from appearing in any of the
examinations/recruitments conducted by the commission for a
period of three years from the date of issuance of the
Memorandum.       The petitioner has also assailed the order dated
30th January, 2013 (page 31) issued by the respondent no.4
terminating the services of the petitioner and striking of his name

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 from the strength of the unit.
2.    The facts giving rise to the present writ petition are briefly
noticed hereafter
3.    On the 7th July, 2000, the petitioner was enrolled as a
Constable/GD in the Central Reserve Police Force (CRPF). He
thereafter appeared for a recruitment process in September, 2011
for the post of Sub-Inspector/GD as OBC candidate through CPOs
Examination - 2011 conducted by the Staff Selection Commission.
He was declared successful in the result which was declared on the
1st of March, 2012 and was allocated to the Indo-Tibetan Border
Police and an offer of appointment vide letter dated 17th May, 2012
was issued to the petitioner requiring his acceptance.
4.    As a result of the above, the petitioner tendered his technical
resignation to the Commandant, E-167 Battalion, CRPF. After
being relieved from his unit, the petitioner reported to the 24th
Battalion ITBP on 17th June, 2012 and was taken on the strength of
the unit and given appointment to the post of Sub-Inspector/GD
with effect from 18th June, 2012.
5.    The petitioner reported to the ITBP Academy Mussorie on
28th September, 2012 for undergoing basic training. It appers that
respondents no.2 and 3 issued noticed dated 28th September, 2012
at his previous employer (CRPF) to show cause as to why his
candidature be not cancelled and he be not debarred from
appearing in any examination for a period of three years. The
notice never reached the petitioner. The petitioner received

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 memorandum dated 10th January, 2013 from the respondent no.3
informing the petitioner that since he had not replied to show cause
notice dated 28th September, 2012 and therefore, it was presumed
that he had nothing to say about his guilt in resorting to unfair
means in the CPOs Examination - 2011 for appointment to the post
of Sub-Inspector/GD for which he had participated.
6.    The    respondent   no.3    informed    the    petitioner   that
consequently his candidature in the said examination was cancelled
and he was also debarred from appearing in any of the
examination/recruitment conducted by the SSC for a period of
three years with effect from the date of issuance of the
memorandum dated 10th January, 2013. the same deserves to be
considered in extenso which reads as follows:-
            "STAFF SELECTION COMMISSION

      F.No.SSCG-A-45011/01/2011/Exam.
                                    Date: 10.01.2013

                       MEMORANDUM

      Sub : Rectt. of Sub-Inspectors in CPOs, ASI in CISF
            and IO in NCB Examination 2011 - complaint
            of malpractices regarding.

            With reference to the candidature of the above
      examination Shri Gopal Lal Jat, Roll No.5401500196
      was directed to explain as to why his candidature
      should not be cancelled and debarred from all
      examinations/recruitments    conducted     by    the
      Commission for a period of three years vide this
      office show cause Notice of even No. dated

WP(C) No.1358/2013                                         page 3 of 8
       28.09.2012 for resorting to unfair means in the said
      examination.

            Since Shri Gopal Lal Jat has not replied to the
      above mentioned show cause notice till now, it is
      presumed that he has nothing to say about his being
      guilty in resorting to unfair means in the said
      examination.

             As such the candidature of Shri Gopal Lal Jat is
      hereby cancelled for the SIs in CPOs ASI in CISF &
      IO in NCB Examination, 2011. He is also debarred
      from       appearing      in      any      of      the
      examinations/recruitments     conducted     by     the
      Commission for a period of three years from the date
      of issuance of this Memorandum.

                                    Regional Director (NER)"

7.    Based on the cancellation of the petitioner's candidature, it
appears that respondents have issued the order dated 30 th January,
2013 cancelling the appointment of the petitioner as SI/GD with
immediate effect.
8.    We may usefully set out the order which was passed on 30th
January, 2013 so far petitioner is concerned which reads as
follows:-
                       "No.1.14014/1/2013 Estt.
                    Directorate General, ITB Police
                     MHA/Government of India,
                       Block-2, CGO Complex,
                      Lodhi Road, New Delhi-03

                                           Dated : 30.01.2013


WP(C) No.1358/2013                                       page 4 of 8
                               ORDER

Consequent upon found guilty in using of unfair means in the SIs in CPOs ASI in CISF and IO in NCB Examination 2011, the candidature of Shri Gopal Lal Jat, (Roll No.5401500196) has been cancelled by Staff Selection Commission vide their Memorandum No.118 dated 10.01.2013. He has also debarred from appearing in any of the examinations/recruitments conducted by the Commission for a period of three years from the date of issue to SSC's aforesaid memorandum.

2. In view of above the appointment of No.120241094 SI/GD Gopal Lal Jat of 24th Bn. is hereby cancelled with immediate effect in terms of Directorate General, ITBP letter No.833 dated 25.5.2012.

3. This issue with the approval of the competent authority.

Sd/-

(Shashi Karolia) For Senior Administrative Officer (Estt)"

9. It appears that thereafter the petitioner was relieved from service.

10. It has been contended by the petitioner that no notice dated 28th September, 2012 was ever served upon him. Mr. Amrit Pal Singh, learned Central Government Standing Counsel for the respondents submits that the notice was actually sent to the petitioner at E-167 Battalion, CRPF, POLO Ground, Shillong, Meghalaya, Pin - 793001.

WP(C) No.1358/2013 page 5 of 8

11. In view of the above narration of facts, the petitioner was no more in the area of Shillong, Meghalaya as he had tendered his resignation from the CRPF. The respondents have also not produced any proof that such notice was actually served upon the petitioner.

12. In this background, the issuance of alleged show cause notice dated 28th September, 2012 is of no consequence.

13. The petitioner has challenged the case primarily on the ground that even though the termination was during the period of probation however the order was stigmatic as per alleged misconduct and in the nature of alleged malpractice in securing his appointment as an Assistant Sub Inspector with the CISF. It is an admitted position before us that the respondent neither issued any notice to show cause nor conducted any form of disciplinary inquiry. The petitioner has stated that he was issued notice that he had indulged in malpractice without any details being furnished to him. The action of the respondents is clearly in violation of principles of natural justice.

14. The petitioner has placed reliance on an order dated 20th March, 2013 passed in the Writ Petition (Civil) No.1756/2013 titled as Yogender Singh vs. Union of India and Ors. by this court who was identically placed as the petitioner in the order dated 9th February, 2013, termination of his services had been passed in similar circumstances as of the petitioner in WP(C) No.1756/2013.

WP(C) No.1358/2013 page 6 of 8

15. It is trite that termination of service even when probation if it entails a person with punitive consequence has to comply with the principles of natural justice.

16. In the instant case, we find that the respondents have failed to comply with the requirements of such compliance and as such the order terminating the services of the petitioner as well as cancelling the candidature are not sustainable in the eyes of law.

17. Learned counsel has drawn our attention to the order dated 30th May, 2013 passed in WP(C)No.2434/2013 Deepak Kumar v. Union of India & Ors. and similar writ petitions. By this order, this court had allowed the writ petition filed by similarly placed person on the same grounds which have weighed with us.

18. We find that the order dated 10th January, 2013 is completely silent on what malpractices are attributable to the petitioner. Even the copy of the notice dated 28th September, 2012 which has been handed over in court does not set out anything against the petitioner. Even if such notice had actually been served on the petitioner, we are at a loss as to what was there for the petitioner to respond to in his reply.

19. For all the foregoing reasons we direct as follows:

i) We hereby hold that the impugned memorandum dated 10th January, 2013 is contrary to law and violative of principles of natural justice and therefore hereby set aside and quashed.

ii) The respondents shall pass consequential orders reinstating the petitioner in service as SI/GD within four weeks from today.

WP(C) No.1358/2013 page 7 of 8

iii) The respondents shall take appropriate steps to ensure that the petitioner is given an opportunity to complete his training.

20. It is however made clear that respondents shall be free to take suitable action, if they so find, following the procedure which is in accordance with law.

This writ petition is allowed in the above terms. No costs.

Dasti to counsel for the parties.

(GITA MITTAL) JUDGE

(V. KAMESWAR RAO) JUDGE SEPTEMBER 11, 2013 mk

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