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2018 Supreme(Mad) 2392
IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUBRAMONIUM PRASAD, J.
K.P. Suresh - Petitioner
Versus
The Union of India & Ors. - Respondents
W.P. No. 3225 of 2009
Decided On : 20-07-2018
For the Petitioner: Mr. M. Mohamed Ibrahim Ali.
For the Respondents: Mr. D. Simon, Central Government Standing Counsel.
Termination based on misrepresentation should be supported by an enquiry and consideration of special circumstances, including the impact of acquittal and the nature of the case.
Headnote:
Termination - Central Reserve Police Force - CRPF Act, 1949, CRPF Rules, 1955 - Rule 16, Rule 17 - The termination of the petitioner's employment was based on misrepresentation regarding his involvement in a criminal case, leading to a punitive termination. The court held that the termination without conducting an enquiry was unjust and set it aside.
Fact of the Case:
The petitioner joined the Central Reserve Police Force and was terminated after more than two years of service. The termination was challenged on the grounds of automatic regularization and lack of show cause notice. The respondents stated that the termination was due to the petitioner's involvement in a criminal case, which was not disclosed during the application for appointment.
Finding of the Court:
The court found that the termination was based on misrepresentation and was punitive in nature. It held that the termination without conducting an enquiry was unjust and set it aside.
Issues: The issues revolved around the grounds for termination, automatic regularization, lack of show cause notice, and the petitioner's involvement in a criminal case.
Ratio Decidendi: The court emphasized that termination based on misrepresentation should be supported by an enquiry and consideration of special circumstances. It cited the need for a fair assessment of the impact of the petitioner's acquittal and the nature of the case.
Final Decision: The court set aside the termination, directed the reinstatement of the petitioner with full back wages, and ordered the respondents to conduct a fair enquiry within three months.
1. The instant writ petition has been filed for quashing the order of termination dated 11.07.2006 passed by the fourth respondent in Office Order No.D.V-1/2006-East-2 and for consequential benefits.
2. The petitioner joined the Central Reserve Police Force as Sweeper (Safai Karmachur) under Central Reserve Police Force, Group Centre, Avadi, Chennai on the following terms and conditions:-
“(a)Your services are liable to be terminated at any time on one month's notice during the initial period of your service i.e. 2 years by the appointing authority without assigning any reason in accordance with the provisions contained in CRPF Rules, 1955.
(b) You shall be at liberty to resign from your service, provided before the expiry of first three months of your service, provided three months pay or training charges whichever is higher is refunded.
(c) The appointing authority may during the period of initial appointment, permit you, for good and sufficient reasons, to resign from the force with effect from such date as may be specified in the order accepting discharge/resignation provided that on the acceptance of your resignation you shall be required to refund to the Government all the cost of training imparted for you in the force or a sum equal to three months pay and allowances received by you prior to the date of your resignation whichever is higher.
(d) The appointment carries with it the liability to serve any where in India or outside the country, if required.
(e) On joining this Organization, you will be governed by CRPF Act, 1949 and CRPF Rules, 1955 and other Rules applicable to Central Government Employees as amended from time to time.
(f) You will be covered by Defined Contribution Pension Scheme as introduced vide Government of India, Ministry of Finance (Department of Expenditure) vide O.M.F.No.1(7)(2)/2003/TA/1 dated 7/1/2004 and the existing defined Pensions System and GPF would not be applicable in you case.
(g) You will be required to undergo basic training at any of the training institution of the CRPF after reporting. If you are not successfully undergoing/completing the training your service will be terminated.
(h) You will not be entitled to re-imburse any expenses for the journey form your home town to the place of joining and return journey, if you are found unfit in any respect.
(i) On arrival your chest X-ray PA view should be carried out at your own cost and I your appointment is subject to your medical fitness in all respect which will be determined by the appropriate medical officer of the department/force on your reporting to this Group Centre.
(j) In case you do not report by the stipulated dated mentioned at para 4, the officer of appointment made to you will be deemed to be lapsed automatically and no correspondence whatsoever on the subject will be entertained.
(k) On your joining the post offered, authenticity of the educational date of birth/caste certificates produced by you shall be verified from the concerned issuing authority. In case of any discrepancy found at a later stage, your services shall be liable to be terminated without assigning any reasons.
(l) The appointment in respect of OBC candidate is provisional and is subject to the Community Certificate being verified through the proper channels. If the verification reveals that the claim of the candidate to belonging to OBC or not to belong to creamy layer is false, is/her services will be terminated without assigning any further reasons and without prejudice to such further action as my be taken under the provisions of Indian Penal Code for production of false certificate.”
3. The petitioner was sent for basic training for a period of six months from 07.07.2004 to 30.11.2004 at New Delhi. He was transferred to 120 Battalion, deployed at Bandwar, Udaipur, Tripura on completion of training. The petitioner received a termination notice on 11.07.2006. This termination is being challenged by this instant writ petition stating that the petitioner has
