LAWS(DLH)-2008-8-130

SURINDER KUMAR Vs. UNION OF INDIA

Decided On August 12, 2008
SURINDER KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner has filed this writ petition seeking direction in the nature of certiorari for setting aside the letter dated 13. 7. 2001 by which the selection of the petitioner as a Head Constable/driver in the open selection conducted by the respondent has been recalled/cancelled on the ground, that the petitioner did not produce a three years experience certificate vide Reference zonal HQ Letter No. E-3201/ (1)/15/19wz/ (Randt)/525 dated 12. 1. 2001 from the commandant of the Unit where he was working as WC.

(2.) THE petitioner describes the aforesaid action of the respondent as arbitrary and discriminatory in as much as, the petitioner not only submitted experience certificate at the time of moving of his initial application but after his selection also he submitted a certificate issued by the Deputy commandant CISF and MTO dated 31. 10. 1998.

(3.) ON behalf of the respondent, it has been submitted, that not only the certificate produced by the respondent at the time of his initial selection was improper, the experience certificate for three years which was required to have been issued by a Commandant or a Gazetted Officer from the unit before relieving him for basic training was not produced by him. The experience certificate issued to the petitioner by the Deputy Commandant was not in order. While admitting that the applicant was selected for the post of Head Constable/driver at recruitment Centre, CISF Unit, SPM Hoshangabad, it is stated that his selection was subject to production of experience certificate for three years from concerned unit Comdr or any GO?s from unit which relieved him for basic training vide DIG (W/z) HQ. Letter No. E-32024/ (1)/158/19/wz (Randt)/14096 dated 29. 12. 2000. Even otherwise it has been contended that the experience certificate produced by the petitioner at the time of his recruitment was issued under the signature of M. T. O. RCFL Mubai is not a valid documents as the driving license produced by the individual itself was issued on 13. 12. 1996 whereas he produced experience certificate from Laxmi Transport, Transport Contractor, New delhi for the period from 10. 1. 1995 to 20. 11. 1996 i. e. of a period before the issuance of a valid driving license to the petitioner.