Patna High Court
Manish Kumar vs The Union Of India on 7 May, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19136 of 2024
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Manish Kumar Son of Late Shyam Nandan Prasad Ex- Fireman Office of the
General Manager, Mobile System Complex (MSC) Defence Research and
Development Organization (DRDO) Government of India, Ministry of
Defence, Post Box No.- 20, Pune- 412101 (Maharashtra) Resident of
Bhatubigha, P.S.- Ekangarsarai, District- Nalanda- 801301 (Bihar).
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Defence, Government
of India, New Delhi- 110001.
2. The Director General (ACE), Defence Research and Development
Organization, Ministry of Defence, Government of India, Dr. Homi Bhabha
Road, Pasan, Pune- 412021 (Maharastra).
3. The Director, Centre for Personnel Talent Management (Ceptam), Defence
Research and Development Organization, Ministry of Defence, Government
of India, Metcalfe House, New Delhi- 110054.
4. The General Manager, Mobile System Centre (MSC), Ministry of Defence,
Government of India, Post Box No.- 20, Pune- 412101 (Maharastra).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Munna Pd Dixit, Advocate
Mr. S.K. Dixit, Advocate
Mr. S. K. Chaubey, Advocate
Mr. Shailendra Kumar, Advocate
Mr. Punit Ranjan Dixit, Advocate
Mr. Milind Raj Dixit, Advocate
Ms. Swastika, Advocate
For the Union of India : Mr. Rana Vikram Singh, DSG
For CGC : Ms. Poonam Kri. Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 07-05-2025
In the instant writ petition, petitioner has prayed for the
following reliefs :
"(A) For issuance of Writ in the nature
of Certiorari for quashing / setting aside the
Patna High Court CWJC No.19136 of 2024 dt.07-05-2025
2/6
Order dated 13.11.2024 passed by the Learned
Central Administrative Tribunal, Patna Bench,
Patna herein after CAT in Original Application
No.050/00319 of 2024 as contained in Annexure-
P/1 to the writ application whereby the
request/prayer of Petitioner to quash and set aside
the termination order dated 10.05.2024 as
contained in Annexure A/1 with Paper-Book, has
been rejected illegally without application of
judicious mind.
(B) For issuance of Writ in the nature
of Certiorari for quashing / setting aside the
Order of termination order dated 10.05.2024 as
contained in Annexure A/1 with Paper-Book.
(C) For issuance of Writ / order /
Orders in the nature of mandamus commanding
the respondents to reinstate the Petitioner in
service henceforth.
(D) For issuance of Writ/Order/Orders
in the nature of mandamus commanding the
respondents to grant all consequential benefits in
favor of Petitioner including arrears of salary
from the date of his termination till the date of
reinstatement in service together with statutory
interest there upon.
(E) Any other appropriate relief/reliefs
for which the Petitioner may be entitled, to be
granted by this Hon'ble Court along with all
consequential benefits."
2. Petitioner - Manish Kumar was a candidate for
recruitment to the post of Fireman (Post Code - 11011). He was
selected and appointed. At the time of verification of antecedents,
respondents noticed that petitioner is facing criminal proceedings
and he has not disclosed the same to the selecting / appointing
authority. Resultantly, order of termination has been notified on
10.05.2024
with reference to the conditions imposed in the order
Patna High Court CWJC No.19136 of 2024 dt.07-05-2025
of appointment dated 27.10.2023. Feeling aggrieved by the order
of termination, petitioner invoked remedy before the Central
Administrative Tribunal, Patna Bench, Patna (hereinafter referred
to as 'the CAT') under Section 19 of the Administrative Tribunals
Act, 1985 and suffered an order. Hence, the present writ petition.
3. Learned counsel for the petitioner submitted that
termination order dated 10.05.2024 is dearth of material
information so also there is a reference to Rule 11 of CCS (CCA)
Rules, 1965 and no notice has been given. In such circumstances,
the petitioner is entitled to have the benefit of appointment in the
light of the Hon'ble Supreme Court decision in the case of
Ravindra Kumar vs. State of Uttar Pradesh and Others reported
in (2024) 5 SCC 264. He has also relied on Co-ordinate Bench
decision in Paragraph No. 10 in LPA No. 465 of 2019 decided on
08.09.2022 in the case of Shivam Kumar vs. The Union of India
and Others.
4. Per contra, learned counsel for the respondents
resisted the aforementioned contentions and submitted that merely
quoting wrong provision in the order of termination that does not
vitiate the termination order as held by judicial pronouncements
from time to time. It is further submitted that order of termination
dated 10.05.2024 is strictly in accordance with conditions imposed
Patna High Court CWJC No.19136 of 2024 dt.07-05-2025
in the order of appointment dated 27.10.2023. In this regard, he
has cited Paragraph No. 2 (a) of the order of appointment dated
27.10.2023. It is further submitted that the cited decisions on
behalf of the petitioner are distinguishable on the sole ground that
petitioner has suppressed material information. In those cases
respective parties have been acquitted in criminal cases whereas in
the present case, petitioner has not been acquitted as on this day,
therefore, the petitioner has not made out a case so as to interfere
with the order dated 13.11.2024 passed in O.A. No.050/00319 of
2024.
5. Heard learned counsels for the respective parties.
6. The petitioner is a candidate for recruitment to the
post of Fireman (Post Code - 11011) pursuant to the
Advertisement dated 07.11.2022. He was selected and appointed
with certain conditions imposed in the order of appointment dated
27.10.2023 vide Annexure - A/3. In terms of the conditions
imposed, the official respondent proceeded to have the benefit of
antecedents and other documents relating to the petitioner,
thereafter, they have found that petitioner was involved in the
criminal case and it has been suppressed by the petitioner insofar
as participation, selection and appointment to the post of Fireman.
The respondents have taken note of the aforementioned material
Patna High Court CWJC No.19136 of 2024 dt.07-05-2025
and proceeded to terminate the services of the petitioner on
10.05.2024. Termination order is subject matter of O.A. No.
050/00319 of 2024.
7. Learned counsel for the petitioner submitted that no
show cause notice has been issued and so also conditions
stipulated in the order of appointment dated 27.10.2023 has not
been adhered to. He is also relying on two decisions cited supra.
The aforementioned material is not sufficient to interfere with the
CAT order read with the termination order, for the reasons that
order of appointment is crystal clear insofar as number of
conditions stipulated therein. Merely quoting wrong provision of
law in the order of termination that does not vitiate termination
order. However, perusal of the records, it is evident that petitioner
had suppressed the pendency of criminal case against him while
submitting application for the post of Fireman read with his
appointment and he has not been acquitted as on this day so as to
take the assistance of the decisions cited on behalf of the
petitioner.
8. In the light of these facts and circumstances, the
petitioner has not made out a case so as to interfere with the
impugned order of termination dated 10.05.2024 read with the
order of the CAT dated 13.11.2024.
Patna High Court CWJC No.19136 of 2024 dt.07-05-2025
9. Learned counsel for the petitioner submitted that the
petitioner is entitled to certain monetary benefits insofar as not
issuing notice to the petitioner and also discharging the duties of
the post for some time. In this regard, the concerned authority is
hereby directed to take note of material information and extend
whatever the monetary benefits which are due to petitioner, for the
reasons that rightly or wrongly he had discharged the duties of the
post of Fireman for some time. The same shall be extended within
a period of three months.
(P. B. Bajanthri, J)
( S. B. Pd. Singh, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.05.2025
Transmission Date NA
