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2024 Supreme(Online)(CAT) 1706
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.3902/2023
With
M.A. No.734/2024
and
O.A. No.3990/2023
O.A. No.3960/2023
O.A. No.3961/2023
O.A. No.3910/2023
O.A. No.3991/2023
O.A. No.3992/2023
Orders reserved on : 04.04.2024
Orders pronounced on : 30.04.2024
Hon’ble Mr. R.N. Singh, Member (J)
Hon’ble Mr. Sanjeeva Kumar, Member (A)
O.A. No.3902/2023
1.
Rinku Kumar, (Warder - 2179)
Group - C
Aged About 31 Years,
S/o Sh. Khushi Ram
R/o 365, Near Devi Mandir,
Village Rithala, New Delhi-110085
2.
Rohit Kumar, (Warder - 2362)
Group -C
Aged About 28 Years,
S/o Sh. Krishan
R/o H.No. 184, Roshan Garden,
Part -II, Najafgarh,
New Delhi-110043
3.
Akash, (Warder - 2188)
Group - C
Aged About 25 Years,
S/o Sh.Sunil Kumar
R/o V.P.0. Khungai, Dist., Jhajjar,
Haryana -124104
4.
Devender Kumar, (Warder - 2334)
Group - C
Aged About 28 Years,
S/o Sh.Gangu
R/o A-28 Rana Park Siraspur,
New Delhi-110042
5.
Raiendra Kumar Yadav, (Warder - 86/17)
Group - C
Aged About 27 Years,
S/o Sh. Dharmpal Yadav
R/o Khohara (malawali), The: Laxmangarh,
Dist. Alwar, Rajathan-32 1633
6.
Rohit Panchal, (Warder - 2202)
Group - C
Aged About 28 Years,
S/o Sh.Satpal Singh
R/o H.No. 84, Veena Enclave, Nangloi,
New Delhi-110041
7.
Manjeet, (Warder - 2203)
Group - C
Aged About 28 Years,
S/o Sh.Baljeet Singh
R/o H.No.117 VPO, Issapur, South West
New Delhi-110073
8.
Dharm Singh, (Warder - 2391)
Group -C
Aged About 26 Years,
S/o Sh. Ganga Ram
R/o H.No 78, D- Block, Gali No.6,
Sitapuri Part-I, Palam Village South West
New Delhi - 110045
9.
Roshan Lal Meena (Warder - 2150)
Group -C
Aged about 28 years,
S/o. Kailash Chandra Meena
R/o. Korda Khurd, Gumanpura -Post,
The- Sikrai, Dist. Dausa - Rajasthan – 303501
10. Vivek Chhikara (Warder 2142)
Group-C
Aged about 26 years,
S/o. Jagpal Singh,
R/o. H.No. 419 Main Bus Stand Village,
Jaunti, New Delhi- 110081
11. Prashant (AS)
Group - C
Aged about 30 years,
S/o. Ranbir Singh,
R/o. VPO Majra D, District Jhajjar,
Haryana - 124202
...Applicants
(By Advocate: Shri M.K. Bhardwaj)
VERSUS
1.
Govt. of NCT of Delhi
through its Chief Secretary,
Delhi Secretariat, L.P. Estate,
New Delhi.
2.
The Secretary (Services),
Govt. of NCT of Delhi,
Delhi Secretariat, L.P. Estate,
New Delhi 110002
3.
Delhi Subordinate Services Selection Board
through its Chairman,
FC-18, Karkardoma, Institutional Area,
New Delhi - 110092
4.
The Director General of Prisons
Prisons Head Quarters, Central Jail,
Tihar Jail, Govt. of NCT Delhi
New Delhi 058
...Respondents
(By Advocate: Shri Amit Anand and Shri Jagdish N.)
O.A. No.3990/2023
1. Anuj, (Warder - 2068)
Group - C
Aged About 27 Years,
S/o Sh. Naresh, R/o VPO Gorar, Tehsil Kharkhoda,
Distt. Sonepat, Haryana-131001
2.
Sudhir Kumar, (Warder - 2164)
Group - C
Aged About 31 Years,
S/o Sh. Jainarain, R/o VPO Gijhi, Tehsil Sampla, Distt.
Rohtak, Haryana
3.
Naveen, (Warder - 2166)
Group - C
Aged About 31 Years,
S/o Sh. Jaipal, R/o VPO Bohar Pana Melwan, Tehsil &
Distt. Rohtak, Haryana,
4.
Jagbir, (Warder - 2109)
Group - C
Aged About 28 Years,
S/o Sh. Shivdhan,
R/o VPO Daataur, Near Shiv Mandir,
Tehsil Sampla, Distt. Rohtak, Haryana
5.
Ravi Kumar, (Warder - 2139)
Group - C
Aged About 26 Years,
S/o Sh. Subhash Chander,
R/o H. No. 190, VPO Singhu, Delhi-110040
6.
Parveen Dabas, (Warder 2060)
Group - C
Aged About 32 Years,
S/o Sh. Sandeep Kumar,
R/o H. No. 36, VPO Budhanpur,
Majra Dabas, Delhi-110081
7.
Rinku Chhikara, (Warder -2157)
Group - C
Aged About 34 Years,
S/o Sh. Zile Singh Chhikara,
R/o H. No. 200, Mandir Wali Gali,
Baba Haridas Colony,
Tikri Kalan, Delhi-110041
8.
Rajender Kumar Meena, (Warder - 2144)
Group - C
Aged About 34 Years,
S/o Sh. Mohan Lal Meena,
R/o VPO Dhigawara, Tehsil Rajgarh,
Distt. Alwar, Rajasthan-301414
9.
Sudhir Dabas (Warder - 2064)
Group - C
Aged about 31 years,
S/o Sh. Manjit Singh,
R/o H. No. 6, VPO Rani Khera, Delhi
10. Retesh Kumar (Warder - 2069)
Group - C
Aged about 29 years,
S/o Sh. Balwan Singh,
R/o VPO Dhaur, Tehsil Beri,
Distt. Jhajjar, Haryana-124201
11. Tanuj (Warder - 2099)
Group - C
Aged about 28 years,
S/o Sh. Rajvir Singh,
R/o VPO Dhansa, Near Allahabad Bank, New Delhi
12. Sahil Dagar, (Warder 2095)
Group - C
Aged about 26 years,
S/o Sh. Rattan Singh,
R/o Pole No. 21, VPO Jharoda Kalan,
New Delhi-110043
13. Harbal Singh, (Warder - 2059)
Group - C
Aged about 28 years,
S/o Sh. Karmbir Maan,
R/o RZ-18A, Heera Park Extn.,
Najafgarh, New Delhi-110043
...Applicants
(By Advocate: Shri M.K. Bhardwaj)
VERSUS
1.
Govt. of NCT of Delhi
through its Chief Secretary,
Delhi Secretariat, I.P. Estate,
New Delhi. 100001
2.
The Secretary (Services), Govt. of NCT of Delhi,
Delhi Secretariat,
I.P. Estate, New Delhi-110001
3.
Delhi Subordinate Services Selection Board
through its Chairman,
FC-18, Karkardoma, Institutional Area,
New Delhi 110092
4.
The Director General of Prisons, Prisons Head Quarters,
Central Jail,
Tihar Jail, Govt. of NCT Delhi, New Delhi - 11 0048
...Respondents
(By Advocate: Shri Jagdish N. And Shri Amit Anand)
O.A. No.3960/2023
1. Sunil Kumar, (Termination),
(Assistant Superintendent)
Group - C
Aged About 41 Years,
S/o Sh. Jagdev,
R/o H. No. 36, Sadha Wali Gali, Budhan Pur,
Majra Dabas, Delhi 110081
2. Aman Rathee, (Termination),
(Assistant Superintendent)
Group - C
Aged About 32 Years,
S/o Sh. Jagdish Rathee
R/o H. No. 277, Near Primary School,
VPO Hiran Kudna, New Delhi
3. Amit Siwach, (Termination),
(Assistant Superintendent)
Group - C
Aged About 30 Years,
S/o Sh. Joginder Siwach,
R/o D-185, Rajiv Nagar, Begampur, Delhi
4. Anuj Rana, (Termination),
(Assistant Superintendent)
Group - C
Aged About 30 Years,
S/o Sh. Ajit Singh Rana,
R/o A-28, Khera Kalan, Delhi
5. Sunil, (Termination),
(Assistant Superintendent)
Group - C
Aged About 30 Years,
S/o Sh. Omparkash Mor,
R/o VPO Bass Badshahpur, Tehsil Hansi,
Distt. Hisar, Haryana
6. Amit Kumar (Termination),
(Assistant Superintendent)
Group - C
Aged About 31 Years,
S/o Sh. Jai Bhagwan,
R/o VPO Chirana Teh Gohana,
Distt. Sonepat, Haryana
...Applicants
(By Advocate: Shri M.K. Bhardwaj)
VERSUS
1.
Govt. of NCT of Delhi
through its Chief Secretary,
Delhi Secretariat, I.P. Estate, New Delhi. 110001
2.
The Secretary (Services),
Govt. of NCT of Delhi,
Delhi Secretariat, I.P. Estate,
New Delhi 110001
3.
Delhi Subordinate Services Selection Board
through its Chairman,
FC-18, Karkardoma, Institutional Area,
New Delhi – 110092
4.
The Director General of Prisons,
Prisons Head Quarters,
Central Jail, Tihar Jail, Govt. of NCT Delhi,
New Delhi 116052
...Respondents
(By Advocate: Shri Shri Jagdish N. And Shri Amit Anand)
O.A. No.3961/2023
1.
Deepak, (Termination) (Warder 2443)
Group - C
Aged About 28 Years,
S/o Sh. Raj Kumar,
R/o VPO Jasrana, Distt. Sonipat, Tehsil Gohana,
Haryana 13/001
2.
Arjun, (Termination)
(Warder 2406)
Group - C
Aged About 35 Years,
S/o Sh. Mahabir Singh,
R/o VPO Paluwas, Distt. Bhiwani,
Tehsil Bhiwani, Haryana-127021
3.
Ashish, (Termination)
(Warder 2454)
Group - C
Aged About 26 Years,
S/o Sh. Jaswant,
R/o Village Bakkargarh,
P.O Ujwa, New Delhi-110073
4.
Vikash, (Termination)
(Warder - 2445)
Group - C
Aged About Years,
S/o Sh. Udal Singh,
R/o VPO Alawalpur Tehsil Palwal,
Distt. Palwal, Haryana,
5.
Rahul Mann, (Termination) (Warder 2438)
Group - C
Aged About 27 Years,
S/o Sh. Bir Singh,
R/o 183, Hamidpur, Khampur, New Delhi-110036
6.
Rahul, (Termination) (Warder 2439)
Group - C
Aged About 26 Years,
S/o Sh. Dinesh Sharma,
R/o VPO Jaurasi Khalsa, Tehsil Samalkha, Distt.
Panipat, Haryana-132101
7.
Nishant Dahiya, (Termination)
(Warder 2203)
Group - C
Aged About Years,
S/o Sh. Rajender Dahiya,
R/o H. No. 2A, CPWD Colony,
Vasant Vihar, New Delhi
8.
Sanjeev Kumar, (Termination)
(Warder 2282)
Group - C
Aged About 32 Years,
S/o Sh. Baljeet Singh,
R/o H. No. 350, Bazaar Panna,
VPO Karala, Delhi-110081
9.
Sandeep Kumar, (Termination)
(Warder - 2182)
Group - C
Aged about 30 years,
S/o Sh. Randhir Singh,
R/o VPO Imlota, Distt. Charkhi Dadri,
Haryana-127306
10. Parveen, (Termination)
(Warder 2244)
Group - C
Aged about 29 years,
S/o Sh. Karamchand,
R/o Arya Nagar, Near Chander Vatika Wali Gali,
Near Jeet Arya School,
Najafgarh Road, Bahadurgarh Road,
Haryana-124507
11. Aman, (Termination)
(Warder 2230)
Group - C
Aged about 26 years,
S/o Sh. Jagmat,
R/o Village Dohki, P.O Kitlana,
Tehsil & Distt. Charkhi Dadri, Haryana-127309
12. Anil, (Termination)
(Warder 2384)
Group - C,
Aged about years,
S/o Om Parkash,
R/o VPO Gorar, Tehsil Kharkhoda,
Distt. Sonipat, Haryana
13. Devender, (Termination)
(Warder 2181)
Group - C,
Aged About Years,
S/o Sh. Narender,
R/o VPO Silana, Distt. Jhajjar, Haryana
14. Varsha, (Termination) (Matron - 2036)
Group - C,
Aged About Years,
D/o Sh. Bijender Singh,
R/o VPO Juan, Sonepat, Haryana
15. Babita, (Termination)
(Matron -2123)
Group - C,
Aged About 30 years,
D/o Sh. Jai Prakash,
R/o Village Charkhi Dadri,
Near Hariom Ashram, Ghikara Road, Haryana
...Applicants
(By Advocate: Shri M.K. Bhardwaj)
VERSUS
1.
Govt. of NCT of Delhi
through its Chief Secretary,
Delhi Secretariat, I.P. Estate, New Delhi. 110001
2.
The Secretary (Services),
Govt. of NCT of Delhi, Delhi Secretariat,
I.P. Estate, New Delhi-11000)
3.
Delhi Subordinate Services Selection Board
through its Chairman,
FC-18, Karkardoma, Institutional Area,
New Delhi - 110092
4.
The Director General of Prisons,
Prisons Head Quarters, Central Jail,
Tihar Jail, Govt. of NCT Delhi,
New Delhi 110098
...Respondents
(By Advocate: Sh. D.K. Singh for Ms. Purnima Maheshwari)
O.A. No.3910/2023
SATYAWAN
S/o Umed Singh,
106, 2nd Floor, Housing Board, Sector-7,
Bahadurgarh, Jhajjar, Haryana-123507
...Applicant
(By Advocate: Shri Avi Kalra and Shri Prateek Lakra)
VERSUS
1.
GOVT. OF N.C.T. OF DELHI
(THROUGH THE CHIEF SECRETARY)
5th Floor, Delhi Sachivalaya,
New Delhi 110002
2.
DELHI SUBORDINATE SERVICES SELECTION BOARD
(THROUGH ITS CHAIRMAN)
GOVT. OF N.C.T. OF DELHI
F-18, KARKARDOOMA INSTITUTIONAL AREA,
DELHI-110092
3.
DELHI PRISION ESTABLISHMENT
(THROUGH THE DIRECTOR GENERAL (PRISONS)) GNCT
OF DELHI, NEAR LAJWANTI GARDEN CHOWK,
JANAKPURI, NEW DELHI 65
...Respondents
(By Advocate: Shri Sh. D.K. Singh for Ms. Purnima
Maheshwari)
O.A. No.3991/2023
NAVEEN SHOKEEN
S/o Vijender Kumar,
B-84, Kaba Mohalla, Chhawala,
South West Delhi, Delhi-110071
...Applicant
(By Advocate: Shri Avi Kalra and Shri Prateek Lakra)
VERSUS
1.
GOVT. OF N.C.T. OF DELHI
(THROUGH THE CHIEF SECRETARY)
5th Floor, Delhi Sachivalaya,
New Delhi 2
2.
DELHI SUBORDINATE SERVICES SELECTION BOARD
(THROUGH ITS CHAIRMAN)
GOVT. OF N.C.T. OF DELHI
F-18, KARKARDOOMA INSTITUTIONAL AREA, DELHI-
110092
3.
DELHI PRISION ESTABLISHMENT
(THROUGH THE DIRECTOR GENERAL (PRISONS))
GNCT OF DELHI,
NEAR LAJWANTI GARDEN CHOWK,
JANAKPURI, NEW DELHI
...Respondents
(By Advocate: Sh. D.K. Singh for Ms. Purnima Maheshwari)
O.A. No.3992/2023
ASHISH VERMA
S/O SANJAY VERMA,
R/O RZ-18/19,
JANTA VIHAR COLONY JHARODA ROAD,
JHARODA KALAN, SOUTH WEST DELHI,
DELHI-110072
...Applicant
(By Advocate: Shri Avi Kalra and Shri Prateek Lakra)
VERSUS
1.
GOVT. OF N.C.T. OF DELHI
(THROUGH THE CHIEF SECRETARY)
5TH FLOOR, DELHI SACHIVALAYA,
NEW DELHI 110502
2.
DELHI SUBORDINATE SERVICES SELECTION BOARD
(THROUGH ITS CHAIRMAN)
GOVT. OF N.C.T. OF DELHI
F-18, KARKARDOOMA INSTITUTIONAL AREA, DELHI-
110092
3.
DELHI PRISION ESTABLISHMENT
(THROUGH THE DIRECTOR GENERAL (PRISONS))
GNCT OF DELHI,
NEAR LAJWANTI GARDEN CHOWK,
JANAKPURI, NEW DELHI - 65
...Respondents
(By Advocate: Shri Sh. D.K. Singh for Ms. Purnima
Maheshwari)
ORDER
Hon’ble Mr. R.N. Singh, Member (J):
- We have heard the learned counsels for the parties.
2. Learned counsels for the parties have admitted that the issue(s) raised in the captioned OAs are identical, facts are similar and the grounds urged in support of the claim and/or the counter claim are also identical or common. In this view of the matter, these matters have been heard together and were reserved for orders.
3.(a) For clarity, the reliefs sought vide OA No.3902/2023 and OA No.3961/2023 and OA No.3990/2023 are reproduced as under:-
- “(i) To quash and set aside the impugned termination notice dated 30.11.2023 and 01.12.2023 (A-1 Colly) and accord all consequential benefits to the applicants.
- (ii) To declare the action of respondents in initiating disciplinary action and terminating the services of applicants vide impugned Notices dated 30.11.2023 and 01.12.2023 (A-
- 1 Colly) as bad in law being without jurisdiction and based on defective reports/illegal reports.
- (iii) To allow the OA with cost.
- (iv) Any other orders may also be passed as this Hon’ble Tribunal may deem fit and proper in the existing facts and circumstances of the case.”
- (b) Similar reliefs, as quoted above, have been sought by the applicants in OA No.3960/2023, as in this case also impugned termination notice is dated 30.11.2023;
- (c) Similarly similar reliefs sought vide the applicant(s) in OA No.3910/2023, OA NO.3991/2023 and OA No. 3992/2023 are also reproduced as under:-
- (i) Direct the respondent No.2 & Respondent No.3 to set aside the Notice for termination of service, as per due course;
- (ii) Direct the Respondent No.3 to grant the Applicant an opportunity to prove relevant record to prove his innocence;
- (iii) Direct the Respondent No.2 and/or No.3 to send the necessary documents of the applicant to CFSL, for the purposes of verification, in case this Hon’ble Tribunal deems fit.
- (iv) Pass any other order as this Hon’ble Tribunal may deem fit in the facts and circumstances mentioned herein above.
4. The learned counsels for the parties have referred to the pleadings in OA No.3902/2023, titled Rinku Kumar and others vs. Govt. Of NCT of Delhi .
5. With the assistance of the learned counsels for the parties, we have perused the pleadings available on record as well as the orders/judgments relied upon by the learned counsels for the parties.
6. For writing this Common Order, with the consent of learned counsels for the parties, the pleadings of OA No.3902/2023 have been taken into consideration.
7. Pursuant to notice, the respondents have filed their reply opposing the claim of the applicants and praying for dismissal of the OA. The applicants have filed rejoinder besides refuting the averments of the counter reply filed by the respondents have reiterated their claim on the grounds as mentioned in the OA.
8. The facts leading to filing of the captioned OA No.3902/2023 are that the respondent N0.3 issued Advertisement Nos.03/17 and 01/15 for recruitment on various posts, including the posts of Warder as well as Asstt. Superintendent in Delhi Prison Department (Annexure A-2 (Colly). The applicants, who were fulfilling all the eligibility conditions, as prescribed in the said Advertisement(s), have applied for the said post(s) for participation in the said recruitment process. After examining the eligibility of the applicants, the respondents have issued Admit Cards to the applicants to appear in Physical test. While permitting for physical test, the applicants were made to hold their postcard size photo as well as Admit Card in their hand for photography as well as videography, which was done by the respondents. In addition, the applicants were made to give thumb impression, undertaking/sample hand writing and biometric was also done. After conducting aforesaid verification process, the applicants were subjected to physical test and they all were declared qual
