Suppression of trivial motor accident case pending at attestation does not justify termination for GDS post post-acquittal; employer discretion requires considering suitability.

ORDER (ORAL)

PER: JUSTICE B.K. SHRIVASTAVA, MEMBER (J)

This OA has been filed on 01.06.2023 under Section – 19 of the Administrative Tribunals Act, 1985 for quashment of the order dated 20.03.2023 (Annexure – A5) by which the services of the applicant have been terminated.

2. It is an admitted fact of the case that the father of the applicant had expired on 06.10.2003. At that time, his application for compassionate appointment was rejected. Thereafter, as per instructions issued from the Postal Directorate dated 05.03.2020, the review of cases rejected previously, was conducted. Thereafter, the applicant gets the compassionate appointment and joined upon the post of GDS ABPM w.e.f. 05.11.2021. After joining, the police verification was called in which the information dated 07.07.2022 was received that a criminal Complaint No. 58/2020 under Sections 287, 337 and 338 of IPC was registered against the applicant on 14.05.2020 at Aminagad Police Station and after filing the challan, the case is pending as Criminal Case No. 500/2020 before the JMFC Court, Hungund. Thereafter, a show cause notice (Annexure – A3) was issued to the applicant on 21.12.2022. The applicant submitted the reply (Annexure – A4) dated 12.01.2023. After taking into consideration the aforesaid reply, the respondents passed the order (Annexure – A5) by which the applicant was terminated from the post of GDS ABPM, Kakanur.

3. As per applicant, he was appointed on compassionate ground. A false case was registered against him in which the order of acquittal has been passed by the competent Court. The respondents committed a mistake by terminating the services of the applicant upon the ground of aforesaid criminal case. The case was related to a motor vehicle accident. There was no any “moral- turpitude” involved in the case. Therefore, the termination order is illegal, arbitrary and unsustainable in the law and the order should be set aside. The reliefs claimed in para 8 of the OA are as under:

i) “Quash the O/O Inspector of Posts, badami sub Dn, Badami-587201, letter No. IP/BDM/B11/ABC/Dlgs/2023 dated: 20-3-2023 vide Annexure-A5 issued by respondent No.5.

ii) Consequently direct the respondents to reinstate the applicant as GDS ABPM at Kakanur BO, with all consequential benefits.

iii) Grant any other relief as deemed fit into the facts and circumstances of the case, in the interest of justice and equity.”

4. The respondents opposed the OA by filing written reply on 03.10.2023. It is submitted that the applicant himself submitted the attestation form in which he suppressed the information regarding the criminal case registered against him. The acquittal order was passed later on. At the time of filling the attestation form, the case was pending. Therefore, upon the ground of suppression of material facts, the services of applicant have been terminated. The respondents also filed the photocopy of attestation form (Annexure – R1) and the copy of the information received from the Police (Annexure – R2). Therefore respondents did not commit any mistake by terminating the services of applicant vide Annexure – A5 dated 20.03.2023.

5. It appears from the record that as per information given by the Police, the Complaint No. 58/2020 under Section 287, 337 and 338 was registered against the applicant on 14.05.2020. After investigation, the challan / final report was submitted before the JMFC, Hungund who registered the Criminal Case No. 500/2020. The applicant joined the post of GDS ABPM on 05.11.2021. At that time, the case