SUBHASH CHANDER Vs. GOVT OF INDIA

JUDGEMENT

(1.) The petition impugns the order dtd. 22/6/2019 of termination of employment of the petitioner with the respondents No. 1 and 2 Central Industrial Security Force (CISF) as well as the Revised Result dtd. 23/4/2019 of the Central Police Organisation (CPO) Examination, 2016 conducted by the respondent No. 3 Staff Selection Commission (SSC). Alternate relief, of shifting of the petitioner, earlier a Sub-Inspector (SI) with the respondents No. 1 and 2 CISF, to the post of SI in Delhi Police, in the Batch of 2016, and additional relief, of compensation, are also claimed.

(2.) The petition came up before this Court first on 1/7/2019, when notice thereof was ordered to be issued. Pleadings in the petition were completed but the hearing of the petition was being deferred on account of the prevalent Covid-19 situation. The petitioner filed CM No.13813/2020 for early hearing and which came up before this Court on 1/7/2020 and was allowed and the petition posted for final hearing, if necessary through video conferencing, for today.

(3.) It is the case of the petitioner, that (i) the petitioner, after completing his education till XIIth standard, on 27/1/1999 joined the Indian Navy as a Metric Entry Recruit; (ii) the petitioner served the Indian Navy for 16 years, till his retirement therefrom as Chief Electrical Mechanic (Radio), In-charge of Radio and Communication Sec. , SRE Sec. and General Electrical Sec. in Indian Naval Submarines, on 31/1/2015; (iii) the petitioner, at the time of his retirement from Indian Navy, was in the grade pay of Rs.4200.00 which is the same as that of SI in respondents No. 1 and 2 CISF and in Delhi Police; (iv) the Government of India, to rehabilitate retired servicemen into the mainstream of civil life, granted to the petitioner, a deemed graduation certificate and also issued to the petitioner an Equivalent Trade Certificate dtd. 31/1/2015, certifying that the petitioner is eligible for Grade-II/Class B Non Gazetted Officer in the Central Government/State Government; (v) the petitioner, in the year 2016, applied for the CPO Examination, 2016 conducted by the respondent No. 3 SSC and cleared the said examination and was allocated to the respondents No. 1 and 2 CISF as a Sub-Inspector/Exe. and was appointed as Sub Inspector/ Exe. in respondents No. 1 and 2 CISF on 10/2/2018; (vi) the petitioner, after the twenty weeks training, reported at the CISF Unit, ASG Aurangabad on 2/7/2018 and was thereafter transferred to ASG Indore on 6/10/2018 and was serving as SI at Indore Airport, responsible for frisking of passengers and security check of hand luggage etc.; (vii) the petitioner cleared two mandatory examinations required to be cleared during the two year probation period and when only about six months out of the two year probation period were left, was served with a notice dtd. 21/5/2019 to show cause why his services should not be terminated pursuant to revision of result of CPO Examination 2016 by the respondent No. 3 SSC; (viii) the lone ground mentioned in the notice to show cause was that the deemed graduation certificate holders were not eligible for appointment to Group 'B' post i.e. as SI in respondents No. 1 and 2 CISF and therefore the respondents No. 3 SSC had revised the 2016 result; it was also mentioned in the show cause notice that the petitioner, while applying for the CPO Examination 2016, had not opted for Assistant Sub Inspector (ASI) in respondents No. 1 and 2 CISF and could not qualify for one Group 'C' post which he had opted, owing to less marks; (ix) the petitioner submitted a reply dtd. 17/6/2019 to the notice to show cause; and, (x) the respondents No. 1 and 2 CISF, vide order dtd. 22/6/2019 terminated the services of the petitioner.