Kumar Gorav v. Union of India

S. RAVINDRA BHAT, J (JUDGE)

NAJMI WAZIRI, J (JUDGE) SEPTEMBER 06, 2013 'sn'

W.P.(C) No.5609/2013 Page 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on : September 06, 2013 + W.P.(C) 5609/2013 & CM 12425/2013 KUMAR GORAV ..... Petitioner Through : Mr. K.K.Sharma, Sr. Adv. with Mr.Rajiv Bakshi and Mr. Bhanita Patowary, Advs. versus UNION OF INDIA ..... Respondent Through : Sh. Amrit Pal Singh, CGSC with Sh. Utsav Sidhu and Ms. Gurjinder Kaur, Advocates along with Sh. Rakesh Kumar, Sr. Accountant, for R-1. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI % MR. JUSTICE NAJMI WAZIRI (OPEN COURT) 1. Issue notice. Shri Amrit Pal Singh, CGSC accepts notice and states that the petition can be disposed-off finally. 2. We have heard counsels for the parties. 3. The Writ Petition challenges the order of the Central Administrative Tribunal ("Tribunal") dated 23rd May, 2013 in O.A. No. 1852/2012 which upheld the termination of the W.P.(C) No.5609/2013 Page 2 petitioner from his employment as Multi-Tasking Staff ("MTS") with the respondent (employer). On 4th January 2012 the petitioner accepted the appointment letter of 13th December 2011 for the post of MTS for a probation period of two years from the date of his joining. He even attended a workshop in the second week of February organised by the respondent (employer) on "office procedure in computerised equipment". On 27th April, 2012, he suddenly received a notice stating that his services would stand terminated after expiry of one month from the date on which the notice was served on him. No reason or cause was assigned in the said notice of termination. His representation against it failed to elicit any response from the employer. Being aggrieved by the latter"s silence and the inexplicable notice, the petitioner challenged it before the Tribunal. 4. The petitioner"s appointment was subject to his accepting the terms stipulated in the appointment letter, which recorded inter alia, that the appointment was on a temporary basis and it could be terminated – in accordance with the CCS (Temporary W.P.(C) No.5609/2013 Page 3 Service) Rules, 1965 without assigning any reasons therefor. Admittedly, the petitioner accepted this, as well as all the other terms in the appointment letter. Indeed, in compliance of one of the requirements of the appointment letter, the petitioner also furnished the duly filled out Attestation Form, (Annexure VI attached thereto). He then joined his employment. The dispute arose when, by letter dated 27th April, 2012 ("termination letter") the respondent gave notice of one month for terminating the services of the petitioner. Perplexed by this sudden development which carried no explanation or cause on the face of it the petitioner made a representation to his employer by letter dated 4th May, 2012 ("representation") seeking reconsideration of the decision to terminate his service. He reasoned that though no reason for the termination was given in the termination letter, he was given to understand that it was due to his likely furnishing wrong / false information in the Attestation Form; that the failure to give particulars of criminal proceedings pending against him was not intentional. He stated that his uncle had some dispute with his father W.P.(C) No.5609/2013 Page 4 regarding some ancestral property and the former – playing out his threat to the petitioner"s father, had maliciously and vexatiously initiated criminal proceedings against the petitioner as well as his brother to spoil the latter"s future prospects. He submitted that the Attestation Form was only in English – which he was not sufficiently proficient in – and had it filled out through another person, who in turn, being unaware of the petitioner"s family dispute, had inadvertently failed to provide the particulars thereof in the Form. That no other criminal proceedings are pending against the petitioner. He submitted that that he had no intention to conceal / suppress any particulars and that he ought to not be handed down such a harsh punish