Important Point
Even if a selectee accepts offer of appointment it is open to government to withdraw appointment on bona fide grounds before prospective employee actually joins service and in such cases it is not necessary to give a hearing to the prospective employee.

Headnote:Service Law-Indian Administrative Service (Appointment by Competitive Examination) Regulation, 1955-Regulation 13-Respondent, Under Secretary of UPSC appeared for Civil Service examination-He was selected for appointment and offer of appointment was given-He accepted offer but could not join as a probationer within prescribed period as he was not relieved by UPSC-Meanwhile CBI registered case against him for malpractice in Civil Service examination-Central Government withdrew offer of appointment and treated same as cancelled-Central Administrative Tribunal held that offer of appointment could not be withdrawn after acceptance of appointment and if at all necessary he must have been given opportunity of being heard-Whether tribunal was correct in its view?-(No)-Respondents’ position was akin to selectee-Opportunity of being heard need not be given-Central Government is entitled to terminate appointment on ground of non-availability of selectee for Central Government Service within reasonable time hence not suitable-This does not amount to casting stigma-Tribunal’s order set aside.
       Held : According to Regulation 13, even though a candidate’s name may be included in the select list, he has no right to appointment and the Central Government is entitled to satisfy itself about the character and antecedents of the candidate before offering him an appointment. Therefore, it is open to the Central Government not to offer appointment to a candidate although he is on the select list if the Central Government is not satisfied about his character or antecedents. There is no question of any enquiry or hearing at this stage because no right is created in favour of a candidate whose name is on the select list. If the candidate is offered appointment and joins, he is governed by the Indian Administrative Service (Probation) Rules of 1954. Under Rule 12 of these Rules, a probationer shall be liable to be discharged from service or, as the case may be, reverted to the permanent post on which he holds a lien if, inter alia, the Central Government is satisfied that he is unsuitable for being a member of the Service or he is found lacking in qualities of mind and character needed for the Service. The proviso to this Rule requires that except in the case of a probationer’s services being terminated for failure to pass the re-examination, in all other cases the Central Government shall hold a summary enquiry before passing an order. (Para 6)
       The respondent, in the present case, is not, in the strict sense, governed by Regulation 13 of the Indian Administrative Service (Appointment by Competitive Examination) Regulations, 1955, since the appointment has been withdrawn after the appointment order was issued and not before. The Indian Administrative Service (Probation) Rules of 1955 also do not apply to the respondent because he does not belong to the Indian Administrative Service as a Probationer. He is in the intermediate stage of a person who has accepted the appointment offer but has not joined the new service. What are his rights? His position appears more akin to the position of a selectee rather than a probationer because he was not joined the new service when the appointment is cancelled. He continues to belong to the Service which he had joined and to which he belonged prior to his present selection. One thing at least is clear-he cannot have higher rights than a probationer. It is well settled that a probationer’s service can be terminated during the period of probation if he is found unsuitable. No enquiry is necessary for such termination of the services of a probationer. Before a probationer is confirmed, the authority concerned is under an obligation to consider whether the work of the probationer is satisfactory or whether he is suitable for the post. If it comes to the conclusion that the probationer is not suitable he is liable to be discharged. He cannot, in this situation, claim the benefit of Article 311(2). (Paras 7 & 8)
       There is no reason why the same right to terminate the offer of appointment on the ground of the prospective employee’s unsuitability should be denied to the Central Government. An employee who has not yet joined the Central Government Service cannot be put on a higher pedestal than a probationer. If an employee who has been offered a post by the Central Government is not in a position to join on the date fixed under the appointment letter and there is no prospect of his joining for several years to come, the Central Government would be entitled to terminate the appointment as the person appointed is not available to the Central Government within a reasonable time of the appointment and hence he is not suitable. This does not cast any stigma nor is it a punishment for the prospective employee. If the employee has a right to be appointed by virtue of his acceptance of the offer of appointment, that right has to be exercised within a reasonable time. It is not a right which remains for an indefinite period of time. In the same way, if the Government discovers after the offer of appointment, circumstances relating to the prospective employee which make him unsuitable for the post, the appointment can be cancelled. If the circumstances raise a doubt about the suitability of the candidate for the post or the Service in question, the doubt should be dispelled within a reasonable time. Otherwise the employer is entitled to cancel the appointment. This is not by way of a punishment nor does it cast a stigma on the prospective employee. (Para 9)
       If in the facts and circumstances of the present case the Central Government decided that the respondent was unsuitable to be given a post in the Indian Administrative Service, the decision cannot be faulted. The impugned letter merely withdraws the offer of appointment. It casts no stigma. So long as the decision is taken bona fide on relevant facts and in the interests of the Service it cannot be faulted. (Para 11)

Judgment

Mrs. Sujata V. Manohar, J.-The respondent Rati Pal Saroj was, at the material time, Under Secretary, Union Public Service Commission as a Grade-I Officer of the Central Secretariat Service. He appeared for the Civil Services Examination 1985. On the basis of the results declared the respondent was offered an appointment to the Indian Administrative Service by a letter dated 31st July, 1986. The respondent accepted the offer of appointment by his telegram of 5th August, 1986.

2. Under the letter of appointment respondent was required to join the Lal Bahadur Shastri National Academy of Administration, Mussoorie as a probationer on 24th August, 1986. A copy of joining instructions was also enclosed with the letter of appointment. The respondent was, however, not relieved from the post of Under Secretary, Union Public Service Commission to join the National Academy of Administration, Mussoorie. The Union Public Service Commission’s letter to the respondent dated 22nd August, 1986 directed the respondent not to hand-over charge of his office or get relieved as Under Secretary, Union Public Service Commission until he got specific orders in this regard. Since he was not relieved from his post the respondent could not join the Indian Administrative Service as a probationer at the National Academy of Administration, Mussoorie. On 7th September, 1986 CBI registered a complaint against the respondent and certain other persons to the effect that the respondent and these persons had entered into a criminal conspiracy whereby the originally written answer-papers of the respondent in the Civil Services Examination were clandestinely removed and substituted by other answer-papers. The respondent had abused his official position as a public servant and an official of the Union Public Service Commission in doing so. The appellant, by letter dated 9th September, 1986 withdrew its offer of appointment to the Indian Administrative Service made to the respondent by the letter of 31st July, 1986 and stated that the same should be treated as cancelled. The respondent was detained in custody on 10th September, 1986. He was suspended from Central Secretariat Service with effect from 10th September, 1986 and a departmental inquiry was also started. The respondent was served with a charge-sheet on 21st November, 1989. However, on the application of the respondent, the departmental inquiry has been ordered to be kept in abeyance because of the pending criminal proceedings.

3. The respondent filed an application before the Central Administrative Tribunal challenging the withdrawal/cancellation of his appointment to the Indian Administrative Service by the letter of 9th September, 1986. The Tribunal held that the offer could not have been withdrawn after acceptance; if such a step became necessary the principles of natural justice would warrant giving a hearing to the respondent. So long as the respondent was not relieved from his previous post the offer of appointment should be treated as if it were in abeyance. The offer could not be withdrawn. The Tribunal, therefore, allowed the application of the respondent. Hence the present appeal by the appellant.

4. The above facts show that the respondent had been offered an appointment to the Indian Administrative Service which he had accepted. The respondent, however, could not join Indian Administrative Service as a probationer within the prescribed period because he was not relieved from his previous post. Before the respondent could join the Indian Administrative Service as a probationer, the appointment is withdrawn or cancelled. Therefore, one thing at least is clear-the respondent was not a probationer in the Indian Administrative Service on the date when his appointment was withdrawn or cancelled. He held the post of a Grade-I Officer in the Central Secretariat Service on the date when the appointment was withdrawn and he continues to hold that post.

5. What is the position of the re

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Judicial Analysis

SupremeToday

1998 Supreme(SC) 157

Important PointEven if a selectee accepts offer of appointment it is open to govern­ment to withdraw appointment on bona fide grounds before prospective employee actually joins service and in such cases it is not necessary to give a hearing to the prospective employee.

Cases Referred (3)

Judicial Analysis

Important Point
Even if a selectee accepts offer of appointment it is open to government to withdraw appointment on bona fide grounds before prospective employee actually joins service and in such cases it is not necessary to give a hearing to the prospective employee.