Delhi High Court
Yogita Godara vs Food Corporation Of India & Ors on 10 January, 2014
Author: Rajiv Shakdher
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 10.01.2014
+ W.P.(C) 152/2014
YOGITA GODARA ..... Petitioner
versus
FOOD CORPORATION OF INDIA & ORS ..... Respondents
Advocates who appeared in this case:
For the petitioner: Mr Ashish Aggarwal, Adv.
For the respondents: Mr Raj Kr. Singh, Adv. for Mr Karunesh Tandon,
Adv. for R-1/ FCI.
Mr Jatan Singh, CGSC with Mr Soayib Qureshi, Adv. for R-
2/UOI.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
JUSTICE RAJIV SHAKDHER, J
W.P.(C) 152/2014 & CM No. 281/2014 (Stay)
1. Issue notice.
2. Mr Raj Kr. Singh accepts notice on behalf of respondent no.1, while
Mr Jatan Singh accepts notice on behalf of respondent no.2.
3. Learned counsel for respondent no.1 says that in view of the
directions, that I propose to pass, no reply is necessary.
4. The petitioner has approached this court seeking the following broad
reliefs:
(i) quashing the show cause notice dated 06.12.2013;
(ii) injunct respondent no.1 from terminating her services; and
(iii) lastly, direct respondent no.2 & 3 to form a Caste Selection Committee,
in accordance, with the judgment of the Supreme Court, in the case titled:
Kumari Madhuri Patil & Anr. vs Addl. Commissioner, Tribal
Development & Ors. (1994) 6 SCC 241.
5. The writ petition has been instituted in the background of the
following broad facts.
5.1 Respondent no.1, i.e., the Food Corporation of India (in short the FCI)
issued advertisement for appointment of persons in assistant grade-III, under
various categories. This advertisement was issued on 31.07.2010. In the
advertisement, in so far as the "OBC/ Non-creamy layer" category was
concerned, 59 vacancies were sought to be filled up.
5.2 The petitioner, applied against the said advertisement and was
consequently selected for the post of assistant grade-III in the "OBC/ Non-
creamy layer" category.
5.3 It is the stand of the petitioner that upon being declared successful in
the recruitment process followed by FCI, which involved a written
examination, she was asked to submit the necessary testimonials, which
included, a caste certificate.
5.4 It is the case of the petitioner that, in accordance with the requirement
of the recruitment process, on 03.01.2011, the petitioner submitted the
requisite testimonials including the caste certificate dated 15.12.2005 issued
by the Deputy Commissioner (South West District), Delhi. According to the
petitioner, the said testimonials, including the said caste certificate, were
verified, whereupon, a letter of offer of appointment was issued to her on
03.03.2011, which was duly accepted by her, on 17.03.2011.
5.5 The petitioner avers that on 04.04.2011, she joined the services of FCI
in the post of assistant grade-III w.e.f. 04.04.2011; albeit on probation. On
10.07.2012, upon completion of the probation period, the petitioner was
confirmed on the said post.
6. It is in this background, to the surprise of the petitioner, on
06.12.2013, the impugned show cause notice was issued to her. By virtue of
the said show cause notice, the petitioner was called upon to explain as to
why she had concealed the fact that she did not belong to the "OBC/ Non-
creamy layer" in the Central list. In other words, the allegation in the show
cause notice levelled against the petitioner, is that, the document of caste
certificate supplied by her discloses that she was an OBC belonging to a
non-creamy layer, on the State list, as against the Central list. By the very
same notice, the petitioner has been given five days to file her reply, failing
which, it would be deemed that no representation has been made and
appropriate steps, including termination, would follow.
7. It is not disputed by the learned counsel for the petitioner that no reply
has been filed to the aforementioned show cause notice.
8. Learned counsel for the FCI has informed me that even though period
of five days has elapsed, FCI has not yet proceeded to pass any order
pursuant to the aforementioned show cause notice.
9. I my view, since the matter is at show cause notice stage, it would be
appropriate for the petitioner to file a reply and have the said show cause
notice adjudicated upon. It is ordered accordingly. The petitioner will file a
reply to the aforementioned show cause notice within two weeks from
today. The FCI will, thereafter, adjudicate upon the same and pass a
speaking order. Pending adjudication of the aforementioned show cause
notice, no precipitative steps will be taken against the petitioner. In case the
determination by FCI is adverse to the interest of the petitioner, no effect
will be given to the said order by the FCI for a period of three weeks, so as
to enable, the petitioner, to take recourse to an appropriate remedy; albeit in
accordance with law.
10. The petition and the application are disposed of with the aforesaid
directions.
11. Dasti.
RAJIV SHAKDHER, J
JANUARY 10, 2014
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