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2009 DIGILAW 313 (DEL)

Yogesh Kumar v. Govt. of NCT of Delhi

2009-03-20

A.K.SIKRI, J.SURESH KAIT

body2009
Judgment Suresh Kait, J. 1. The present writ is directed against the order dated 26.9.2007 in OA NO. 42/2007 passed by Central Administrative Tribunal (Principal Bench), New Delhi. By that order OA of the petitioner is dismissed and aggrieved by the aforesaid order the Petitioner has filed this writ petition. 2. The brief facts of the case are that the petitioner initially was selected as Constable in CRPF on 28.3.2003. While in service, he applied for the post of Constables (Executive) Male in Delhi Police on 7.7.2005. The petitioner, after going through the written examination, physical test and interview got selected as Constable (Executive Male) in Delhi Police. The petitioner, in the meantime, had sought discharge from the CRPF under Rules 16 & 17 of GRPF Rules. As per the Rule, he deposited Rs. 54,378/- also and got Discharge Certificate in January, 2006. 3. The petitioner received communication dated 17.3.2006 for reporting to the Recruitment Celli 4th Battalion, Ashok Nagar, DAP, New Police Lines, Kingsway Camp, Delhi, to join the Department on 28.3.2006. He was also asked to bring all the original documents including no objection certificate from the Department in which the candidate was working. The petitioner reported on 28.3.2006 as per the aforesaid communication and disclosed that he had already got discharge from the CRPF and he would submit the Discharge Certificate later on. 4. Since the petitioner while applying as Constable in Delhi Police, mentioned that he was working in CRPF and now he has disclosed that he has got• discharge from the CRPF. On this version and especially in the absence of NOC a show cause notice was issued which is reproduced" as under: "You were called to join the department on 28.3.2006 vide memo No. 3556-3806/R.Cell (R-II)/4th Bn. DAP dated 17.3.2006 along with your all original certificates including No Objection already obtained before the submission of Application Form from the department in case you are already working with Govt. You have reported for joining on 30.3.2006. You could not produce the requisite No Objection Certificate before the Joining Team. As such you were not allowed to join the department. You have produced photocopy of discharge certificate issued by Commandant 121 Bn. CRPF vide No. T five 01/05, Estt. 02 dated 6.1.2006 before the Joining Team. You have reported for joining on 30.3.2006. You could not produce the requisite No Objection Certificate before the Joining Team. As such you were not allowed to join the department. You have produced photocopy of discharge certificate issued by Commandant 121 Bn. CRPF vide No. T five 01/05, Estt. 02 dated 6.1.2006 before the Joining Team. From the perusal of photocopy of this discharge certificate produced by you it reveals that you were serving in CRPF and during service you had applied for the post of Constable (Exe.) Male in Delhi Police. Before submission of Application Form on 7.7.2005, you had not obtained No Objection from CRPF, where you were serving. In the guidelines given to candidates with Application Form it was clearly mentioned at page No.8 that candidates already working with Govt. can apply. However, they will have to provide "NOC" already obtained before the submission of the Application Form from their department at the time of Interview. But you have failed to obtain the "NOC" before the submission of Application Form from the department you were serving. Thus you have not fulfilled the eligibility conditions." "You have submitted an application dated 10.4.2006 to this office mentioning therein that you were enlisted in CRPF on 28.2.2003 and during the service you have applied for the post of Constable (Exe.) in Delhi Police. You have also clearly mentioned in your application that you could not obtain "NOC" due to shortage of time. Further you have mentioned in your application that you have been selected in Delhi Police and discharged from CRPF on 6.3.2006. Photocopy of the order vide which you were discharged has also been submitted by you along with your application. From the perusal of this discharge certificate it reveals that you have submitted an application to CRPF to discharge from service due to your domestic problems, which was accepted by the CRPF authority and you have been discharged from service vide discharge certificate dated 6.1.2006 referred to above. You have also submitted another application dated 12.06.2006 to this office requesting therein to allow you to join the department as Constable (Exe.), keeping in view the facts mentioned in that application. "Your case along with your applications dated 12.04.2006 & 13.6.2006 has been examined in detail and it has been decided that you suppressed material facts from Delhi Police as well as CRPF. "Your case along with your applications dated 12.04.2006 & 13.6.2006 has been examined in detail and it has been decided that you suppressed material facts from Delhi Police as well as CRPF. You were trying to play too safe and it amounts to a case of misrepresentation. You are unfit to be taken as Constable (Exe.) Male in Delhi Police in view of the position explained". 5. The petitioner submitted the reply to the show cause notice and stated in his representation that he had given complete information about the posting in CRPF and had given all the relevant and material information to the respondent without any concealment. He further stated that there was no column in the application form asking for information of the past service or present service. Moreover, when the Respondent insisted for NOC, he submitted one discharge letter dated 06.01.2006 issued by the Commandant of 121 Battalion where he was working. He further stated that he sought discharge on 01.07.2005 on the basis that he had some domestic problems and he will try to have some employment nearby his native place including Delhi Police. The department did not satisfy by his reply and cancelled his candidature on the ground that the petitioner had kept the Delhi Police as well as the CRPF in dark. Neither, clearly he has informed CRPF that he intended to apply in Delhi Police, nor has produced the NOC from the CRPF. In this way the petitioner had concealed the facts from both the forces. 6. During the arguments, we specifically asked from the learned counsel for the Respondent, Mr. Tandon that whether there was any quota for the serving candidate. Learned counsel sought adjournment, and the matter was adjourned. On the date of hearing he informed the Court, though no special quota was mentioned for serving candidates but as per paragraph 7 chapter 4 of the Recruitment Rules for the year 2005, the NOC was required for those who were working with the Government Department, at that point of time, which reads as under: "Candidates already working with Govt. can apply. However, they will have to provide NOC already obtained before the submission of the Application Form from their department at the time of interview." 7. We have gone through the documents filed before the CAT. can apply. However, they will have to provide NOC already obtained before the submission of the Application Form from their department at the time of interview." 7. We have gone through the documents filed before the CAT. As per the Discharge sought by the petitioner, which is Annexur-C of this writ petition (Civil) reproduced as under: "It is certified that No. 031530981 CT/GD Yogesh Kumar of F/121, CRPF has appeared before me and projected his grievances that some unavoidable circumstances does not permit him to remain away from home town. He informed that, he want to apply for job in local area of his native including Delhi Police etc and requested to give discharge as and when he submit formal application of discharge. It is certified that as per CRPF Rule 16, 17, 17(a), if he applies for discharges, he can be given discharge after depositing 3 months pay & allowances or cost of the training whichever is higher, as pre condition for acceptance of discharge. Sd/ (D.S. Rathore) Commandant CRPF" 8. The petitioner also submitted character certificate dated 6.01.2006 which is, in fact, discharge certificate, Annexure-D of this writ petition is reproduced as under: "CHARACTER CERTIFICATE No. 031530981 CT/GD Yogesh Kumar of F/121, CRPF who is proceeding on discharge from service w.e.f. 06.01.06 (AN) bears good conduct & character while serving in this unit. I, wish him every success in the life. 1/7/2005 Diphu 6th Jan2006 . (D.S. Rathore) Commandant-121/F" 9. It is not disputed that the petitioner was serving in CRPF and got discharged from CRPF and finally got selected in Delhi Police. The learned counsel for the respondent stated that since he appeared as Government servant, he was supposed to submit NOC from that department. 10. We are also fully convinced by the contention of the learned counsel for the respondent that when a person is serving somewhere and going to join another department, the NOC/clearance certificate is required, for the purpose, whether, something is pending against the person in the previous department or to know about the conduct and character of the candidate. But, in a situation as is in the present case, a person resigns from the previous department and entered into a new department, we are of the considered opinion that the Discharge Certificate/ Character Certificate is required. If the petitioner is selected in the quota of ex-serviceman, requirement of NOC does not arise. But, in a situation as is in the present case, a person resigns from the previous department and entered into a new department, we are of the considered opinion that the Discharge Certificate/ Character Certificate is required. If the petitioner is selected in the quota of ex-serviceman, requirement of NOC does not arise. If any quota meant for the serving persons then the position would have been different. But in the present case, he had deposited Rs. 54,378/- for the discharge as per rules and wants to enter in the respondent department afresh and he is not claiming any previous service while joining as Constable in Delhi Police, in our view, nothing wrong and illegal. 11. In these circumstances, we are of the considered opinion that initially he had informed to Delhi Police that he was serving in the CRPF but in the meanwhile he got discharged from the CRPF. This fact was also disclosed to the respondent. In our considered opinion, there is no concealment of the facts. If we accept the contention of the respondent, a great prejudice would be caused to the petitioner because he already had left CRPF from where also he is out of the job and got selected in Delhi Police wherein also his candidature was cancelled. In nutshell, he is nowhere. 12. We have no hesitation to say that the Tribunal has arrived at the wrong conclusion that the petitioner has concealed the facts from both the departments. Therefore keeping in view, the above facts and circumstances, we set aside the order dated 26.9.2007 passed in OA NO. 42/2007 and direct the respondent to issue a fresh appointment letter to the petitioner within four weeks of the receipt of this order. We make it clear, the petitioner shall be considered as a fresh candidate. The respondent shall also ensure that the petitioner will join training with the coming fresh batch. 13. This petition is allowed, accordingly, with no orders as to costs.