Karnataka High Court
MUTTANNA SHANKAR CHAVAN - Appellant
Versus
DEPUTY INSPECTOR GENERAL OF POLICE, CENTRAL RESERVE POLICE FORCE, BANGALORE - Respondent
Decided On : 02-22-05
W.P. : 44887 of 2002
CENTRAL CIVIL SERVICES (TEMPORARY SERVICES) RULES, 1965 - Rule 16(A) - Speaking Order - Competent authority except referring to rules assigned no reasons and recorded no findings - Termination notices does not amount to speaking order - Cannot be sustained.
[N. K. Patil, J]: The second respondent has committed an error of law much less material irregularity. The said Order passed by the second respondent does not contain any reasons or discussions or finding whatsoever for terminating the services of the petitioners. Except referring sub - rule (1) of Rule 5 of Central Civil Services (Temporary Services) Rules, 1965 read with Rule 16 (a) of CRPF Rules, 1955 and stating that, the termination notices of one month were served to the petitioners and after expiry of one month notice period, they are struck off strength of the unit as mentioned against their names with effect from 6th December 2002, no specific reasons are assigned nor has given any finding. The said reasoning given by the competent authority is contrary to the mandatory provisions of Sub-rule (1) of Rule 5 of the said Rules read with Rule 16 (a) of CRPF Rules 1955.
Cases Referred:
Followed:AIR 1979 SC 429; 1981(2) SLR 681.
Termination
LABOUR AND SERVICES -Termination - Order not assigning any reasons - Hit by Articles 14 and 16 of the Constitution of India (AIR 1979 SC 429).
[N. K. Patil, J]: The protection of Arts. 14 and 16 will be available even to such a temporary Government servant if he has been arbitrarily discriminated against and singled out for harsh treatment in preference to his juniors similarly circumstanced. It is true that the competent authority had the discretion under the conditions of service governing the employee concerned to terminate latter s employment without notice. But, such discretion has to be exercised in accordance with reasons and fair play and not capriciously. Bereft of rationality and fairness, discretion degenerates into arbitrariness which is the very antithesis of the role of law on which our democratic polity is founded.
Speaking order
CENTRAL RESERVE POLICE FORCE RULES, 1955 - Rule 16(A) -Speaking order - Termination notice - In the absence of reasons does not amount to speaking order. See, Central Civil Services (Temporary Services) Rules, 1965- Rule 5(1).
Cases Referred:
Followed: AIR 1979 SC 429; 1981(2) SLR 681.
Constitution of India - Termination of service -Articles 14 and 16 -Termination of service - Order not assigning any reasons -Not speaking order - Offends equality clause enshrined in the Articles.
Cases Referred:
Followed: AIR 1979 SC 429; 1981(2) SLR 681.
Termination of service
CONSTITUTION OF INDIA - Articles 14 and 16 -Termination of service - Order not assigning any reasons -Not speaking order - Offends equality clause enshrined in the Articles
Cases Referred: Followed: AIR 1979 SC 429; 1981(2) SLR 681.
( 1 ) THE petitioners herein, questioning the legality and validity of the office order dated 4th December, 2002 bearing No. D. V-2/2002-EC. II on the file of the second respondent vide Annexure-D, have presented the instant writ petitions. Further, the petitioners have sought for a direction, directing the respondents to continue the services of the petitioners in the post held by them with all other consequential benefits and on par with other selected candidates in respondents' force.
( 2 ) THE grievance of the petitioners in the instant writ petitions is that, in pursuance of the notification issued by the second respondent, which was published in the newspaper in the month of august-September 2002, inviting eligible candidates for selection and appointment to various posts including the post of "safai Karmachari" and further notifying that all the eligible candidates desirous of joining the Central Reserve Police Force (CRPF), should attend for a personal test and interview including the medical test which will commence from 27th September, 2002 onwards, the petitioners herein, having requisite qualification and the eligibility, applied for the post of "safai karmachari". After verifying the educational qualification of the petitioners, medical fitness and physical test, the petitioners herein have been selected and accordingly, the appointment orders were also issued and the same have been communicated to the petitioners vide annexures-A1, A2 and A3 respectively on 11th October, 2002 bearing no. R-II-2/2002-EC-V (FOLL ). After receipt of the appointment orders, which were made subject to several conditions, the petitioners have joined the duty and were discharging their duty efficiently and to the satisfaction of the superior officers in the vacant post of "safai karmachari" in the 91 Battalion, 109 Battalion and 109 Battalion respectively along with 63 other similarly employed persons. Be that as it may.
( 3 ) TO the shock and surprise of the petitioners, they received the notice for termination of their services dated 7th November, 2002 vide annexures-B1, B2 and B3 respectively. After receipt of the said notices for termination of service, the petitioners have sent a reply through proper channel vide Annexures-C1, C2 and C3 respectively. Without considering their objections, without affording an opportunity to the petitioners to have their say in the matter and without conducting any enquiry whatsoever, unilaterally, the second respondent has taken a decision by passing the impugned office order dated 4th December, 2002 vide Annexure-D, terminating the services of the petitioners. Assailing the said decision taken by second respondent vide Annexure-D, and other consequential reliefs, as stated supra, the petitioners herein felt necessitated to present the instant writ petitions.
( 4 ) THE principal submission canvassed by the learned Counsel appearing for petitioners is that, he impugned order passed by the authority is not a speaking order inasmuch as the same is passed without assigning any reasons whatsoever in terminating the services of the petitioners. The said action of second respondent is purely based on some extraneous considerations and purely on assumptions and presumptions. Therefore, there is no justification in the order passed by the authority, in terminating the services of the petitioners. He submitted that, it appears the second respondent has issued the termination notice purely on an alleged anonymous communication stated to have been sent by somebody. Before coming to the conclusion of terminating the services of the petitioners, the second respondent ought to have secured sufficient and convincing material for the charge and should have obtained the reply from these petitioners. Instead of that, the authority has passed the impugned order, without assigning any reasons, finding or discussion, unceremoniously removing the petitioners from the services of the respondents, which attac
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