The Tribunal says terminating services of an employee without inquiry was wrong
Deputy Accountant General (Administration), Lekha Bhawan, Chandigarh, issued an order on September 28, 2018, terminating his services. Representative Image/iStock
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The Chandigarh Bench of the Central Administrative Tribunal (CAT) has quashed the termination order of an employee of Office of the Accountants General (A&E), Haryana, Lekha Bhawan.
The Tribunal said that terminating services of an employee without inquiry was wrong.
Sunil Kumar, who was appointed as a Data Entry Operator on the recommendation of the Staff Selection Commission (SSC) in 2015, had challenged the termination order through his counsel, KB Sharma.
The Senior Deputy Accountant General (Administration), Lekha Bhawan, was the appointing authority. Kumar’s appointment carried a probation period of two years, which could be extended at the discretion of the appointing authority or an authority higher than it. During the probation period, the appointment was purely temporary and governed by the CCS (Temporary Service) Rules, 1965.
Kumar completed the prescribed two-year probation period on August 19, 2017.
The respondents did not issue any order extending his probation. The application stated that his service record had remained good.
However, the Deputy Accountant General (Administration), Lekha Bhawan, Chandigarh, issued an order on September 28, 2018, terminating his services without giving him an opportunity of hearing or issuing any show-cause notice.
The department justified his termination order, stating that discrepancies were noticed in the photograph and handwriting in the records received from the SSC in relation to the person who appeared in the written examination. The matter was accordingly taken up with the SSC and referred tot he Central Forensic Science Laboratory (CFSL), Chandigarh.
According to the respondents, the CFSL reports revealed that the photographs, signatures and handwriting of the applicant did not match those of the person who appeared in the written examination.
Counsel of the applicant argued that all certificates furnished by him were genuine and that there was no finding that any of the certificate was false. He denied the allegation of impersonation and maintained that he had himself participated in the selection process, filled up the relevant form, affixed his photograph and that the handwriting on the relevant documents was his own.
After hearing the arguments, the Tribunal held that no notice setting out the allegations had been issued to Kumar and that he had not been given an opportunity to explain the alleged discrepancies.
The Tribunal observed that no regular enquiry was conducted in which the material relied upon by the respondents could be tested in the presence of the applicant. He was, thus, deprived of a meaningful opportunity to establish that the adverse material did not justify the conclusion drawn against him.
The Tribunal quashed and set aside the termination order dated September 28, 2018, holding it to be punitive in nature.
The respondents have been directed to reinstate the applicant. However, he will not be entitled to any salary for the period during which he did not work. The period will, however, be counted for the purposes of seniority, promotion and notional increment.
The Tribunal also clarified that the respondents would be at liberty to take appropriate action against him as per rules, if deemed appropriate.
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