Court upheld principles of natural justice, quashing pre-determined termination notices issued based on alleged CBI findings and ordered fresh proceedings for the petitioners' termination.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP/WP(C) No.1000/2014, 1005/2014 & 1002/2014 were transferred from the Hon’ble High Court of Jammu and Kashmir at Jammu and were registered as T.A. Nos. 61/3057/2021, 8173/2021 & 3056/2021 respectively by the Registry of this Tribunal.

2. The present matters were filed before the Hon’ble High Court with following prayer:

TA 3057/2021

a) Allow this writ petition of the petitioner.

b) Issue Writ in the nature of Certiorari quashing order /notice bearing No. 1484/PC/Adm dated 31-03-2014, issued on behalf of respondent No.2 by virtue of which the services of the petitioner as "Lower Division Clerk (LDC) are being terminated notwithstanding impugned show cause notice in term of Rule 5 (i) of CCS (Temporary Service) Rules 1965.

c) Any other relief as the facts of the case demands and this Hon’ble Court may deem just and proper in favour of the petitioner.

TA No. 8173/2021

a) Allow this writ petition of the petitioner.

b) Issue Writ in the nature of Certiorari quashing order /notice bearing No. 1484/PC/Adm dated 31-03-2014, issued on behalf of respondent No.2 by virtue of which the services of the petitioner as "Lower Division Clerk (LDC) are being terminated notwithstanding impugned show cause notice in term of Rule 5 (i) of CCS (Temporary Service) Rules 1965.

c) Any other relief as the facts of the case demands and this Hon’ble Court may deem just and proper in favour of the petitioner.

TA No. 3056/2021

a) Allow this writ petition of the petitioner.

b) Issue Writ in the nature of Certiorari quashing order/notice bearing No. 1484/PC/Adm dated 31-03-2014, issued on behalf of respondent No.2 by virtue of which the services of the petitioner as "Lower Division Clerk (LDC) are being terminated notwithstanding impugned show cause notice in term of Rule 5 (i) of CCS (Temporary Service) Rules 1965.

c) Any other writ, order, command or direction as this Hon’ble court may deem just and proper in the given facts and circumstances of the case may also be passed in favour of the petitioner.

3. The facts of the case as averred by the petitioners in their pleadings are as follows:

a) The petitioners in all these three matters are citizens of India who had applied for appointment against advertised posts under the respondents’ establishment at 1 Field Ordnance Depot (FOD), Udhampur. The recruitment was conducted pursuant to Advertisement Notice dated 23.10.2010, published in Daily Excelsior, inviting applications for various categories including the posts of Lower Division Clerk (LDC) and Telephone Operator.

b) The posts carried a pay scale of Rs. 5200–20200 with Grade Pay of Rs. 1900/- and were open for candidates belonging to the unreserved category. The advertisement prescribed the following eligibility conditions:

 Matriculation or equivalent examination from a recognized Board/University.

 Typing speed of not less than 30 words per minute in English or 25 words per minute in Hindi on computer.

 For the post of Telephone Operator, additional requirement of proficiency in handling PBX Board and spoken English was mentioned.

 Candidates were required to qualify the written test based on 10^th standard syllabus.

 Weightage of marks was fixed at 80% for written test and 20% for interview.

c) The petitioners, being eligible in all respects, submitted their applications and were called for wr