SON PAL Vs. GENERAL MANAGER NORTHERN RAILWAY

JUDGEMENT

(1.) The two questions arising in this case for decision relate to-

(2.) The petitioner is a Guard in the Northern Railway and is a Law graduate. He applied for a post of a Law Assistant in the Northern Railway in response to an advertisement by the Railway Service Commission which required that "serving Government employees may send their applications on the prescribed form direct to the Railway Service Commission if they anticipate delay in routing the application through their department but they will be admitted to the test/interview only on production of 'No objection Certificate' from their department". The petitioner was interviewed on 25th May 1971 when he produced before the Commission an old 'No objection Certificate' dated 31-8-1966 which was issued to him by the Railway only for the purpose of registration of his name with the Employment Exchange. Subsequently on 29-5-1971 the petitioner was informed by the Railway that 'No objection Certificate' could not be granted to him in terms of printed Serial No. 4504 as he is undergoing punishment in vigilance and other cases. The Serial No. 4505 says that the applications of a Government servant who is undergoing penalty should not be forwarded. Nor should such Government servants be released from duty to go on deputation etc. Even after the expiry of the penalty, he should not be permitted to go on deputation to another department etc., till his case is examined. But the Railway Service Commission acting on the old 'No objection Certificate' selected the petitioner for appointment to the post of a Law Assistant but made it "subject to his being found suitable in all respects". Thereafter the General Manager, Northern Railway, wrote to the Divisional Superintendent, New Delhi, that the petitioner was selected by the Railway Service Commission for appointment as Law Assistant "subject to production of 'No objection Certificate' with full particulars of service duly verified by the Head of Department". He further wrote that "an offer of appointment letter is sent herewith and the same may be delivered to him in case the required no objection certificate is given by the Head of Department". In the offer of appointment also it was stipulated that the character of the petition should be verified before appointment and he should not have any undesirable antecedents which may debar him from recruitment to Government service.

(3.) The Divisional Superintendent thereupon wrote to the Railway Service Commission on 9-11-1971 that the petitioner had been selected as Law Assistant subject to production of 'No objection Certificate' with full particulars of service duly verified by the Head of Department. He enclosed the service particulars of the petitioner and pointed out that the petitioner was still undergoing punishment of various nature and that "a DAR enquiry in a vigilance case is pending against him"- He then concluded his letter as follow:-