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Judgment
Heard Shri Avadhesh Singh, learned counsel for the applicant and Shri Vinod Kumar Shukla, learned counsel for the respondents.
The instant Original Application, under section 19 of the Administrative Tribunal Act, 1985, has been filed by the applicant, seeking following reliefs:
a. Hon'ble Court may be pleased to quash the impugned order dated 30.10.2023 passed by respondent No.2(Annexure No.1 of Compilation-I)
b. Hon'ble Court Please to direct the Respondent No. 2 to release the consequential benefits and salary of the period 04.07.2023 to 30.10.2023 which has been illegally deposited by the department from the applicant at the time of passing of impugned order.
c. to grant such other and favourable relief(s) which this Hon'ble Tribunal/Court may deem fit and proper in the facts and circumstances of the case.
d. award the cost of the application to the applicant.
The facts, as narrated by the applicant, are that an FIR was registered in 2021 in connection with a matrimonial dispute against applicant’s brother, father, mother and others, including the applicant himself. During investigation, the police found the applicant and his brother to have been wrongly implicated and deleted their names from the case on 06.10.2021. Thereafter, the police submitted the charge-sheet only against three other persons and no case remained pending against the applicant. Subsequently, the applicant applied for engagement as Gramin Dak Sevak (Branch Post Master) and after verification and training, he joined as Branch Post Master, Galla Mandi on 04.07.2023. He worked there regularly till 30.10.2023. Later, on the basis of a report of the Collector, Kannauj, the respondents issued the impugned order dated 30.10.2023 stating therein that the applicant had furnished wrong information in the attestation form and in view of the concealment of facts, the engagement was terminated.
It is the contention of the applicant that the report was incorrect because he had already been excluded from the criminal case during investigation, much before his engagement. He further submits that no criminal case was pending against him when he applied for the post and, therefore, there was no obligation to disclose the said case in the verification form. He also contends that the report of the Collector was never supplied to him and that the respondents terminated his engagement without giving him an opportunity to explain the matter, without following the procedure prescribed under the GDS (Conduct and Engagement) Rules, 2020. Feeling aggrieved by the actions the respondents, the applicant has approached this Tribunal by filing the instant Original Application.
Counter affidavit has been filed by the respondents stating therein that the applicant had applied for the post of GDS and in attestation for in column 15(i), wherein it was mentioned if any case was pending against the applicant, however, the applicant failed to inform the respondents about the same. The District Magistrate, Kannauj wrote a letter dated 06.05.2023 to Superintendent of Post Officers, Fatehgarh Division, Farrukhabad informing therein that a criminal case bearing no. 241/21 u/s 498A & 323 IPC was pending against him. The respondents issued a provisional engagement letter to the applicant on 27.06.2023, without being aware of the letter dated 06.05.2023. On 02.11.2023 the applicant submitted an applicant before the Superintendent of Post Offices, requesting therein for re-verification of police verification. The District Magistrate, Kannauj sent re-police verification report vide letter dated 11.12.2023 along with the police verification report dated 19.04.2023 (appended as Annexure CA-5 to the counter affidavit). It was mentioned in the letter dated 11.12.2023 that Crime No. 241/2021 was registered against the applicant. Thus, the engagement of the applicant was terminated due to false declaration regarding pendency of criminal case against him. Therefore, the respondents have not committed any illegality or infirmity in the terminating the engagement of the applicant.
Rejoinder affidavit has been filed by the applicant reiterating his averments.
Submissions of learned counsel for the parties have been heard and records have been gone through.
Records reflect that the applicant had been issued letter of provisional engagement as GDS on 27.06.2023 which was in pursuance to notification dated 27.01.2023. The services of the applicant were terminated on 30.10.2023 stating that the applicant had suppressed the fact that a criminal case was registered against him. The applicant has been contending that his name had been deleted from the FIR during investigation. However, the respondents have maintained that even on police re-verification it was found that a criminal case was pending against the applicant. In this regard it is noted from the records that the respondents have appended letter of the District Magistrate dated 11.12.2023 along with police verification report dated 19.04.2023 as CA-5 and in para 9 of the said counter affidavit the respondents have stated the following:
9-That the District Magistrate, Kannauj sent re-police verification report vide his letter dated 11.12.2023 whereby informed that the Case Crime No. 241/2021 U/s 498A, 323 IPC & 3/4 DPAct is registered against the applicant. The copy of said letter dated 11.12.2023 alongwith police verification report dated 19.4.2023 is being filed herewith and marked as ANNEXURE CA-5 to this counter affidavit.
However, the police verification report dated 19.04.2023 issued by Sub Inspector, Police Station, Chhibramau, District Kannauj as appended by the respondents reads as under:
“सेवा में, श्रीमान पुलिस अधीक्षक महोदय जनपद कन्नौज महोदय, सादर निवेदन इस प्रकार है कि उक्त VR स0-579/23 की जांच मुझ उ0नि0 द्वारा की गयी तो आवेदक रविपाल पुत्र नरेश सिंह निवासी मो0 सुभाषनगर थाना छिबरामऊ जनपद कन्नौज की मूल निवासी है। थाना हाजा के अभिलेखों अनुसार आवेदक उपरोक्त के विरुद्ध मु0अ0स0241/2021 धारा 498A, 323IPC व 3/4 DP ACT पंजीकृत हुआ था जिसमें दोराने विवेचना आवेदक का नाम पृथक किया गया। अन्य कोई अभियोग पंजीकृत नहीं है। सभासद की तहरीर संलग्न है। रिपोर्ट संस्तुति सहित अग्रसारित है। रिपोर्ट सादर सेवा में प्रेषित है।”
Since the statement of the respondents in the counter affidavit was found to be contradictory in the light of above police verification report, the case was listed again under the heading “For Being Spoken To” on 08.07.2026 for clarification by the respondents. Learned counsel for the respondents could not clarify the contradiction in their submission and the police verification report. Therefore, in the absence of any clarification regarding the status of criminal case against the applicant by the respondents, the police verification report dated 19.04.2023 is being treated as final, which states that the name of the applicant was deleted from the FIR during investigation and no other criminal case is registered against him.
From the facts and circumstances of the case, this Court finds that the very basis of the impugned order is not supported by the respondents’ own record. It is evident that the police verification report dated 19.04.2023 (Annexure CA-5) records that although Crime No. 241/2021 under Sections 498-A and 323 was registered, the applicant’s name was deleted from the case during investigation and no other case was found registered against him. The material available on record does not establish conclusively that any criminal case was pending against the applicant when he applied for engagement or when he was engaged as Gramin Dak Sevak. Rather, the record clearly indicates that his name had already been deleted during investigation.
In view of above, the impugned order dated 30.10.2023 passed by the respondents is set aside. The respondents are directed to reinstate the applicant and re-examine his case of termination in the light of final police verification report regarding deletion of his name in the FIR of the criminal case during investigation. The respondents shall pass a reasoned and speaking order within a period of three months from the date of receipt of certified copy of this Order in this regard. The period from termination of applicant from the service to his joining on reinstatement shall be considered as per extant rules and he will be paid salary for the period he has performed his duties on the said post.
Accordingly, the instant Original Application is allowed with the above directions.
Interim Order, if any, stands discharged. All the related MAs stand disposed of.