P. NAGESWARA RAO Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) IN this petition for a writ of certiorari, the petitioner calls in question the validity of an order dated 16th August, 1991 issued by Respondent No. 4 cancelling the earlier order issued by the DIG(P), CRPF, Chandigarh offering to the petitioner an appointment against the post of Assistant Sub -Inspector/Clerk in the Central Reserve Police Force. The facts giving rise to the filing of the petition may be summarised as under:

(2.) THE petitioner joined as a water carrier in the CRPF as early as in the year 1981. Between June 19, 1982 to 1st May, 1991, the petitioner appeared 9 times in a competitive examination held for eligible candidates for appointment against the available post of Assistant Sub -Inspector (Ministerial) in the Force. The petitioner appears to have failed in all these attempts except the one made in the year 1991 when he was declared successful and was offered an appointment in terms of an order issued by the Deputy Inspector General of Police, CRPF, Chandigarh dated 11th July, 1991, the relevant portion whereof reads thus: ToShri Nageshwar Rao S/o Late Sh. Tarini RaoQr. No. 5 -B, Sector -39,Police Station, Chandigarh (UT)Sub : - APPOINTMENT TO THE POST OF ASI/CLK IN THE CRPF OFFICER OF APPOINTMENT On selection as a result of a competitive examination had from 3.5.91 to 4.5.91 at Chandigarh, you are hereby offered to the post of ASI/Clk in CRPF in a purely temporary capacity on the following terms and conditions: XXXXXX XXXXXX

(3.) SHORTLY after the issue of the above order, the office of the Commandant 96 BN, CRPF, Ajmer issued an order dated 16th August, 1991 cancelling the offer of appointment made to the petitioner in terms of the letter extracted above. The only reason for cancellation of the said offer was that the petitioner was ineligible for appointment against the post of ASI (Ministerial) under the recruitment rules regulating such appointment. The petitioner had, in the meantime, joined against the post of ASI (Ministerial) and worked between 24th July, 1991 to 16th August, 1991 when he was reverted back to his substantive post of water carrier. Aggrieved, the petitioner made representations to the higher authorities, copies whereof have been produced collectively as Annexure 'H' to the petition. These representations evoked no response from the respondents whereupon the petitioner filed the present writ petition for a writ of certiorari quashing the cancellation order as already noticed earlier.