C.B.I. AND ORS. Vs. BASHEER

JUDGEMENT

(1.) The captioned Original Petition is filed by the Respondents against the order of the Central Administrative Tribunal, Ernakulam Bench in O.A. No. 496 of 2013 dated 14.08.2014, by which the Tribunal has directed the petitioners to appoint the Respondent to the post of Public Prosecutor based on his merit and rank in Annexure -A3 list of candidates published by the U.P.S.C from the date of his entitlement.

(2.) The facts required for the disposal of this Original Petition are that, the Respondent applied for the post of Public Prosecutor under the 1st petitioner in response to the Special Recruitment Advertisement No. 51/2012. Respondent appeared for the written test, thereafter he was called for interview and accordingly he participated in the interview on 04.09.2012 and he was ranked at Sl. No. 29 in the list of candidates recommended for appointment to the post of Public Prosecutor in the Central Bureau of Investigation (CBI).

(3.) At the time of interview, Respondent was required to submit an attestation form containing the details as to whether the candidate had ever been arrested or prosecuted or kept under detention, among other details. Annexure -A4 in Ext. P2 is the attestation form in which various details were sought for and among the same, Clause 12(a) to (e) were suggested for furnishing certain details with regard to arrest, prosecution, detention, bound down and fine by a Court of Law. In response to the said query as to whether the Respondent was convicted by a Court of Law for any offence, he has answered in the negative. To the queries regarding arrest, prosecution and detention, Respondent has answered "Yes". Thereafter, Respondent has received a letter from the U.P.S.C intimating that he has been recommended to the post of Public Prosecutor in the CBI. It was stated in the said letter that the offer of appointment was made to him subject to the satisfaction of the Government in an enquiry with regard to the health condition and any physical defects likely to interfere with the discharge of his duties.