Termination without clear evidence of malpractice violates principles of natural justice and procedural fairness.

ORDER

Hon’ble Mr. Manish Garg, Member (J) :

In the present Original Application, the applicants have prayed for the following reliefs:

“(a) Quash and set aside the below-mentioned impugned orders passed by the respondents:

i) Memo No. B2/1/Recruitment/DR/2013&14 dated 01.01.2020 and C.O. Ahmedabad Letter No. STA/64/Dte/Compliance/2016/VI dated 16/18.04.2019.

ii) Memo No. B- 1/1(b)/Recruitment/SA/13&14/2019/Vad-02 dated 25.11.2019 and C.O. Ahmedabad Letter No. STA/64/Dte/Compliance/2016/VI-II dated 18.11.2019 & 24.09.2019.

iii) Memo No. B-2/32/SA/2014 at Jamnagar-1 dated 07.11.2019 and C.O. Ahmedabad Letter No. STA/64/Dte/Compliance/2016/VI dated 20/24.09.2019.

iv) Memo No. B2/27/O/PA/2013&14/2018 at Rajkot dated 01.11.2019 and C.O. Ahmedabad Letter No. STA/64/Dte/Compliance/2016/VI dated 16/18.04.2019.

v) Memo No. B- 2/33/DR/PA/Representation/PD/2013&14/2019 at Amreli dated 31.12.2019 and C.O. Ahmedabad Letter No. STA/64/Dte/Compliance/2016/VI-II dated 20/24.09.2019.

vi) Memo No. B-2/27/O/PA/2013&14/2018 at Rajkot dated 25.04.2019 and Compliance of Letter No. A- 34013/05/2014-DE(Pt-III) dated 19.02.2019.

vii) Memo No. Staff/18-40/PA SBCO/2014/III dated 29.04.2019 and Compliance of Letter No. A- 34013/05/2014-DE(Pt-III) dated 19.02.2019.

viii) Memo No. B-2/33/Direct/2013 at Amreli dated 22.06.2018.

ix) Memo No. B- 2/33/DR/PA/Representation/PS/2013&14 at Amreli dated 31.12.2019 and C.O. Ahmedabad Letter No. STA/64/Dte/Compliance/2016/VI-II dated 20/24.09.2019.

(b) Direct the respondents to allow the applicants to join their services with full back wages.

(c) Any other relief the Hon’ble Tribunal deems fit and proper in the facts and circumstances of the case.

2. Narrating the facts of the case, learned counsel for the applicants submitted as under:

2.1. In 2011, the Department of Posts introduced a new examination system (objective type questions) for recruitment to the posts of Postal Assistant and Sorting Assistant through direct recruitment and decided to conduct the examination centrally through M/s CMC Ltd., which was entrusted with the entire process from printing application forms to preparing merit lists, based on which the Postal Department would announce results.

2.2. The Postal Assistant Group C Post Recruitment Rules, 2014 came into force on 27.01.2014, providing the method of recruitment, including educational qualifications. In pursuance of an advertisement issued on 21.02.2014, the applicants applied for the posts of Postal Assistant/Sorting Assistant for the 2013-14 vacancies in the Gujarat Circle. The examination was conducted by M/s CMC Ltd., comprising Paper I (Aptitude Test) and Paper II (Computer/Typing Test), and candidates who qualified Paper I were eligible for Paper II.

2.3. The Department of Posts subsequently issued the list of selected candidates, and the applicants were selected for appointment as Postal Assistants/Sorting Assistants in Gujarat Circle. On 23.12.2015, the office of the Superintendent of Post Offices, Gujarat Circle issued a memo canceling the results of the 2013-14 direct recruitment examination. On 18.03.2016, the Ahmedabad Bench of this Tribunal, allowed Applications filed by similarly situated candidates, quashed the cancellation order, kept the select list in abeyance, and directed a fair and transparent investigation within three months.

2.4. On 08.04.2016, the Principal Bench of this Tribunal followed the Ahmedabad Bench order, allowing similarly situated applicants, including the present applicants, to join. However, on 16.08.2016, the Hon’ble Gujarat High Court set aside this Tribunal’s order, confirming the Department’s cancellation of results and termination of appointed candidates. On 13.07.2017, the Hon’ble Supreme Court disposed of Civil Appeal No. 10513 of 2016