UNION OF INDIA Vs. TARSEM LAL VERMA

JUDGEMENT

(1.) TARSEM Lal Verma, the respondent, was employed as a Photographic Officer in the Armed Forces Headquarter under the Ministry of Defence on July 16, 1986. He was on probation for a period of two years. Under what circumstances his probation was extended and why he could not be confirmed till the year 1993 is not known to us; and we do not make an endeavour to ascertain the cause, for the reason we are not concerned with said issue, nor is it relevant. Exercising power under Rule 5 of the CCS (Temporary Service) Rules, 1965 he was discharged from service on May 05, 1993, which order he successfully challenged before Central Administrative Tribunal when the Original Application filed by him was allowed on October 03, 1997. A belated challenge to the decision of the Tribunal was made by the writ petitioner when WP(C) No.3450/1998 was filed. But before that, in compliance with the decision of the Tribunal Tarsem Lal Verma was taken back in service. Ultimately, WP(C) No.3450/1998 was decided on August 18, 2009, and the decision of the Tribunal was set aside. Tarsem Lal Verma being discharged from service was upheld.

(2.) ONE would have expected the writ petitioner to have immediately relieved Tarsem Lal Verma by issuing an order calling upon him to return the security pass, the canteen smart card and the CGHS card, for the reason it is settled law that when a Government servant parts company he must return all government property which would include even the identity card, security pass etc. It was only on February 01, 2010 that the writ petitioner did so.

(3.) THE writ petitioner took a stand that Tarsem Lal Verma had not worked and had not even reported to the office after WP(C) No.3450/1998 was allowed on August 18, 2009.