Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 1668 (GUJ)

Union of India v. Tarun Bharatbhai Chavda

2017-09-20

B.N.KARIA, M.R.SHAH

body2017
ORDER : M.R SHAH, J. 1. By way of these petitions preferred under Articles 226 & 227 of the Constitution of India, the original opponents-Union of India and others have prayed to quash and set-aside the impugned judgment and orders passed by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad passed in Original Application No. 12 of 2016 and 474 of 2016. 2. Though served, no body appears on behalf of the respondents herein-original applicants. 3. Learned advocate appearing on behalf of the petitioners has heavily replied upon judgment and order passed by the Division Bench of this Court dated 16th August 2016 passed in Special Civil Application No. 10049 of 2016 and allied matters. However, it is required to be noted and it is brought to our notice that against the common judgment and order dated 16th August 2016 passed by the Division Bench of this Court in Special Civil Application No. 10049 of 2016 and allied matters, the aggrieved persons/candidates approached the Hon'ble Supreme Court of India by way of filing Civil Appeal No. 10513 of 2016 and other allied Appeals/Special Leave Petitions and the Hon'ble Apex Court vide common Order 13th July 2017 has disposed of all the said Appeals as under:— “Permission to file SLP granted. Delay condoned. We have heard learned counsel for the appellants/petitioners and we have also heard learned Additional Solicitor General who has been instructed by Officers of the concerned Department. We have also perused the report of the Vigilance Committee set up by the Department. We find from a perusal of the report of the Vigilance Committee that the entire examination was not necessarily vitiated but some persons who are suspected of having used malpractices in the examination of Postal Assistant/Sorting Assistant in five Circles viz., Uttarakhand, Rajasthan, Chhatisgarh, Haryana and Gujarat have actually been identified. The respondents will proceed against them in accordance with law, but since they are quite a few in number, a formal show cause notice is dispensed with. However, they may be personally called and explained the allegations against them and given some reasonable time of about a week or ten days to give their reply to the allegations and then a final decision may be taken. However, they may be personally called and explained the allegations against them and given some reasonable time of about a week or ten days to give their reply to the allegations and then a final decision may be taken. Those persons who are not suspected of having committed any malpractices and who have undergone the prescribed courses may be reinstated with consequential benefits and 50% back wages with liberty to the respondents to take action against them in case subsequently it is found in the investigation that they have indulged in some malpractices. We make it clear that the respondents are at liberty to take action against those persons who have violated the terms of the examination such as having appeared in more than one centre. Such violations will also be treated as malpractice. We further make it clear that this order will not enure to the benefit of those persons who have not been given appointment letters. However, we also make it clear that those candidates who have not completed the course but were in the process of completing the course until the impugned action was taken may be permitted to complete the course/training provided they are not suspected of any malpractice. The appeals and special leave petitions stand disposed of. Pending applications are also disposed of.” 4. In view of the above, now the petitioners herein are required to take further steps as per the order passed by the Hon'ble Supreme Court; referred to hereinabove. 5. In view of the above, both these writ petitions stand disposed of in terms of the Order 13th July 2017 passed by Hon'ble Supreme Court in Civil Appeal No. 10513 of 2016 and other allied Appeals/SLPs. 6. The petitioners to take further steps and/or take appropriate decision in light of the order 13th July 2017 passed by the Hon'ble Supreme Court Civil Appeal No. 10513 of 2016 and other allied Appeals/SLPs; referred to hereinabove. 7. To the aforestated extent, impugned judgment and orders passed by the learned Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad are hereby modified. Both these writ petitions stand disposed of in terms of the above.