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2005 Supreme(Raj) 1592
High Court Of Rajasthan
Judgename : Rajesh Balia,Dinesh Maheshwari
Union of India - Appellant
Versus
Dinesh - Respondent
D.B. Civil Writ Petition No. 6394 of 2003
Decided On : 07/18/2005
Mr. Ravi Bhansali, for the Petitioner.
Mr. S.K.M. Vyas, for the Respondent.
Temporary status does not warrant termination based on a fact-finding inquiry. Disciplinary proceedings must comply with principles of natural justice.
Headnote:
Termination - Employment Dispute - DOP and T (D) 14024/2/96 - Estt. (D) - Air Force Act - Bheek Singh Rathore vs. Union of India - Malkondaiya vs. Union of India - Nar Singh Pal vs. Union of India and Ors. - Sanjay vs. Union of India & Ors. - D.B. Civil Writ Pet. No. 2231/2005 - Nar Singh Pal vs. Union of India and Ors.
Fact of the Case:
The respondent, employed as Seasonal Anti Malaria Laskar, had his services terminated due to alleged fabrication of documents for recruitment. The petitioner challenged the termination order before the Central Administrative Tribunal.
Finding of the Court:
The Tribunal found that a person with temporary status cannot be terminated based on a fact-finding inquiry. The termination was set aside with liberty to hold a fresh departmental inquiry in accordance with the law.
Issues: Validity of termination based on a fact-finding inquiry, applicability of Court of inquiry to civilian Government servants in defense, and compliance with principles of natural justice in disciplinary proceedings.
Ratio Decidendi: A person with temporary status cannot be terminated based on a fact-finding inquiry. Court of inquiry does not apply to civilian Government servants in defense. Disciplinary proceedings must comply with principles of natural justice.
Final Decision: The petition was dismissed, and no costs were awarded.
1. Heard learned Counsel for the parties.
2. The petitioner has challenged the order dated 11.02.2003, passed by the Central Administrative Tribunal Jodhpur Bench Jodhpur, in OA No. 274/2002 which was filed by respondent.
3. The respondent was employed on the post of Seasonal Anti Malaria Laskar (SAMI) at Air-Force Station, Bikaner since, April, 1999. He was initially appointed to perform his duties on temporary basis for the period of six months w.e.f. 05.04.1999 and thereafter he is continuing on the said post. As per the terms of appointment he was appointed till 310.1999 provided he work sincerely and thereafter his services would come to an end. However, his services were not brought to an end until the expiry of period stated in order but his services were confirmed and by letter dated 14.03.2001, he was granted temporary status. Thereafter by order dated 25.09.2002 (Annex.1) attached with original application, the services of the applicant were terminated with effect from 25/10/2002 treating the letter as one month advance notice.
4. The terms and conditions of the letter reads as under: “A COL was convened at this station on 26.08.2002 in investigate into the circumstances where by thereby there was an act of fabrication of documents was committed for recruitment of SAML wherein certain incorrect and misleading details were intentionally forwarded to HQWAC, IAF (CPC) for regularization of employment as an SAML, in respect of an individuals. The Court has established that the list from employment exchange was fabricated by you and you are blamed for your action. Your character and integrity is now doubtful. Your acts are under coming of an IAF employee and deter mental to the good order and discipline of the Air Force.
In view of the above, your services are no longer required and your services are terminated with effect from 210.2002 and treat this letter as one month advance notice.”
5. Respondent/appellant challenged the aforesaid termination order by filing the Original Application before CAT.
6. The Petitioner/non-applicant filed reply to original application and stated firstly that the period of engagement for the Seasonal Anti Malaria Lascar, who is locally employed is 6 months only i.e., from 01 May to 31 October. It was purely a temporary/ad hoc appointment to (ater for the need of additional manpower in order to control the outbreak of malaria during pre-monsoon and post-monsoon season. It is further submitted on behalf of the answering respondents that as per the rules and guidelines issued by DOP and T (D) 14024/2/96 - Estt. (D) dated 18.05.1998 Air Force units are to employ the Seasonal Anti Malaria Lascar on the basis of sponsorship from local employment exchange only. It is submitted that Shri Dinesh was not sponsored from local employment exchange and his name was also not included in the list of sponsored candidates by employment exchange vide their letter, Employment Exchange Letter No. SAMPRA/99/28 dated 18.03.1999. The name of Sh. Dinesh was also entered at the last without being authenticated by the local Employment Exchange or any amendment letter issued thereof . This by itself is fraud committed by the applicant, who violated the rules and guidelines issued by the DOP and T and joined their service by unfair means and gained subsequently “Temporary Status.” It was submitted on behalf of the answering respondents (the present petitioner) that the applicant has intentionally committed an act by tampering the document and tried to take the advantage of working in administrative section.
7. In reply, the following facts were also stated: “Shri Dinesh has also tempered the list of sponsored candidates forwarded to this Station and included the name of Shri Sanjay, one of his close associate showing him a favour for his advantage and wrongful/fraudulent enrollment as Seasonal Anti Malaria Lascar at Air Force Station, Bikaner. Thereby marred the prospects of other candidates. The tempering of t
