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2006 Supreme(SC) 732

2006(6) Supreme 482
SUPREME COURT OF INDIA
(From Delhi High Court)
Arijit Pasayat and S.H. Kaparia, JJ.
Jai Singh — Appellant
versus
Union of India & Ors. — Respondents
Civil Appeal No. 510 of 2006
With
Civil Appeal Nos. 512/2006, 513/2006, 511/2006 and 514/2006
Decided on 18-8-2006
Counsel for the Parties :
For the Appellant : V. Sivasubramanian, Yudhveer Yadav and M/s. L.M. Nanavati Associates (N.P.), Advocates.
For the Respondents : Ms. Indra Sawhney, Kunal Verma and Ms. Sushma Suri, Advocates.

Headnote:SERVICE LAW — Termination of service — Question whether termination of service was simpliciter or punitive — In what situation the allegation of misconduct will be the motive and in what case they will be foundation has to be adjudged in factual background in each case — Appellants were recruited as “Daily wage Constables” and were posted in an auxiliary battalion — Decision was taken to disband said Battalion and appellants and others went on a general strike — Case of all Daily Wage Constables were considered for regularisation and for placing them in a permanent Battalion — Services of appellants were terminated and certificate of service giving reason for termination as services no longer required due to disbandment of unit were issued — Representation of appellants were disposed of by Deputy Inspector (General) of Police CRPF that they were purely on adhoc basis and were found not suitable for absorption on regular basis — Writ petition was dismissed by High Court — Appeal — Order of termination could not be faulted and High Court rightly declined to interfere.

       Held : The High Court on consideration of the rival submissions held that conduct for which the appellants were not found suitable for regularization cannot by any stretch of imagination be said to be becoming of members of a disciplined force. Accordingly, the writ petition was dismissed. It was held that the act of the respondents before it finding out the suitability of the appellants did not amount to imposition of any punishment and, therefore, no enquiry was required to be initiated. The writ petitioners were at the relevant point of time members of the CRPF, a disciplined force and higher degree of discipline was called for. The employer passed a simple order of termination as permitted by the terms of appointment and/or permitted by the rules. The indiscipline to which reference was made to find the appellants unsuitable was not the foundation of the order of termination, but at the most the motive for it.(Para 8)

       In what situation the allegation of misconduct will be the motive and in what cases they will be foundation has to be adjudged in the factual background of each case. The issue has been examined in several decisions including several Constitution Bench judgments and a judgment of 7-judges. An elaborate analysis of the various decisions was made by this Court in Radhey Shyam Gupta v. U.P. State Agro Industries Corpn. Ltd. and Anr. (1999 (2) SCC 21). The matter was examined elaborately by 7-Judges in Samsher Singh v. State of Punjab and Anr. (1974 (2) SCC 831).(Para 11)

       In the background of facts as noticed by the High Court the order of termination cannot be faulted. The High Court had rightly declined to interfere. We find no reason to take a different view.(Para 17)

JUDGMENT

Arijit Pasayat, J. — These appeals involve identical questions and, therefore, are disposed of by this common judgment. Writ Petitions filed by the Appellants were dismissed by a Division Bench of the Delhi High Court holding that termination of their services suffered from no infirmity.

2. Civil appeal No. 510 of 2006 relates to writ petition No. 4794 of 1995 while other appeals relate to other writ petitions which were disposed of following the view expressed in the common judgment.

3. Factual background in a nutshell is as follows:

The appellants were recruited by the respondent No.3 as "Daily Wage Constables" and they were posted in an auxiliary battalion namely 124 Auxiliary Battalion. While the appellants were thus serving on ad-hoc basis, a decision was taken by the respondents to disband the said Battalion and to install a permanent battalion in its place. At that stage the appellants along with others went on a general strike in Moradabad. Subsequently, they withdrew their strike. Cases of all the Daily Wage Constables including that of the appellants was considered for their regularization and for placing them in a permanent Battalion. The services of the appellants were, however, terminated and similar certificates of service were issued to all the appellants. As against Clause No.10 of the said certificate of service giving reason for termination, it was stated that since the services were no longer required due to disbandment of the unit, the services of the appellants were being terminated. Clause No.12 of the said certificate speaks of the conduct as against which three heads were provide as good, satisfactory and unsatisfactory. The appellants conduct had been shown in the said column as "unsatisfactory".

4. Being aggrieved by the said orders of termination, the appellants submitted representations, which were considered by the Deputy Inspector (General) of Police, CRPF. By a communication dated 5th April, 1995, representations filed by the appellants were disposed of. In the said order it was stated that the appellants were engaged as auxiliary constable with CRPF purely on ad-hoc basis on daily wages and that they were not found suitable for absorption on regular basis in CRPF on disbandment of Auxiliary Battalion due to misconduct and attitude as reported by the Commandant of the 124 Auxiliary Battalion.

5. For the aforesaid reasons, the said representations were found to be devoid of merit and were rejected.

6. Being aggrieved by the same an appeal was also preferred which also came to be disposed of by order dated 4th June, 1994. This order states that the appellants were engaged in 124 Auxiliary Battalion CRPF on daily wage basis and services of such persons could be terminated at any time without assigning any reason. It was observed that Auxiliary Battalion stood disbanded on 31st March, 1994 and only those constables who were fit in all respects were engaged and as the appellants did not fall in the said category, their services were terminated. Consequently, their appeals were rejected.

7. The appellants preferred three writ petitions before the High Court challenging the orders and actions aforestated of the respondents.

8. The High Court on consideration of the rival submissions held that conduct for which the appellants were not found suitable for regularization cannot by any stretch of imagination be said to be becoming of members of a disciplined force. Accordingly, the writ petition was dismissed. It was held that the act of the respondents before it finding out the suitability of the appellants did not amount to imposition of any punishment and, therefore, no enquiry was required to be initiated. The writ petitioners were at the relevant point of time members of the CRPF, a disciplined force and higher degree of discipline was called for. The employer passed a simple order of termination as permitted by the terms of appointment and/or permitted by the rules. The i


















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