Mere pendency of a criminal case cannot be the basis for denying public appointment, and failure to provide a fair hearing violates principles of natural justice.

ORDER

Hon’ble Dr. Sumeet Jerath, Member (A)

The instant OA has been filed by the applicant, Mr. Manish Kumar under Section 19 of the CAT Act, 1985 seeking the following reliefs :-

"8 (i) To set aside and quash the impugned memorandum containing withdrawal of the offer of appointment by the Respondent No.2/CBI dated 14.03.2016.

(ii) To set aside and quash the impugned memorandum/letter dated 02.06.016 sent to the Under Secretary (NR), Staff Selection Commission, returning the Dossier of the Applicant/Petitioner along with his attestation form while cancelling the appointment of the Applicant/Petitioner for the post Sub-Inspector in CBI with reference to the letter No.2/1/2014- ND-1 dated 06.10.2015 of the Staff Selection Commission.

(ⅲ) To direct the Respondents to appoint the Applicant as Sub Inspector, CBI selected through SSC CGLE-14 at the serial No. 810 Rank No. SL/1/1347, Roll No.2201037530 under unreserved category in the Ministry of Home Affairs.

(iv) To direct the Respondents to issue again the offer of appointment and joining letter to the Applicant.

(v) To direct the Respondents to grant the entire salary along with interest to the Applicant/Petitioner from the earlier date of joining i.e. from the date of 14.03.2016 to till now.

(vi) To direct the Respondents to grant all the consequential benefits to the Applicant including the compensation for the loss occurred due to the withdrawal of offer of appointment letter as well the promotion in accordance with their earlier schedule of joining to the Sub Inspector, CBI.

(vii) Award Cost in the favour of the Applicant and against the Respondents.

(viii) To pass any other order/s as deem fit and proper in the facts and circumstances of the case."

2. The conspectus of the case as per the applicant is that in response to the vacancy notification published on 18.01.2014 for Common Graduate Level Exam 2014 (CGLE-2014) for the post of Sub Inspector in CBI, he applied for the same and participated in the selection process and successfully cleared all the stages of the selection and completed all the necessary documentation as required by the respondents. Vide Revised Final Result dated he was declared successful and was selected for the post of Sub Inspector in the Department of CBI and secured Rank No. SL/1/2000 under unreserved category. On 02.12.2015 he was directed to submit the attestation form duly filled wherein he informed that an FIR No. 0270/12 has been registered against him in PS- Alipur, Delhi under Section 279/304 A of IPC and the same is pending before Trial Court, Rohini, New Delhi. Thus, he stated that he did not conceal anything from the respondents and submitted the same on 13.01.2016 along with some other requisite documents such as scanned copy of Photo identity, Proof/ Address Proof and Passport Size Photograph. Thereafter, on 25.02.2016, he was issued an offer of appointment also followed by a joining letter welcoming him to the Academy of the CBI on 29.02.2016. Consequently, the applicant reported for Institutional Training at CBI Academy, Hapur Road on 14.03.2016. However, on the very same day he was informed through a Memorandum that his offer of appointment has been withdrawn and cancelled because of pending FIR No. 0270/12 at PS-

Alipur. According to the applicant this fact has already been disclosed by him in his Attestation Form and thereafter only he was sent offer of appointment and joining letter. Later, the CBI vide letter dated 02.06.2016 returned the Dossier of the applicant along with his attestation form to the SSC.

He further stated that the said FIR was a accident case and his name has been falsely implicated as when