LALIT KUMAR Vs. STATE OF UTTRAKHAND

JUDGEMENT

(1.) THE present appeals are filed assailing the judgment dated 24.04.2014 passed by the learned Single Judge of this Court in Writ Petition No.70 (S/S) of 2013 and Writ Petition No.72 (S/S) of 2013.

(2.) BRIEF facts of the case, inter alia, are that the petitioners were appointed pursuant to the selection process on the post of Assistant Accountant (Cashier) and were given joining on 20.08.2011. Unsuccessful candidates preferred Writ Petition (S/S) No.1066/2011 before this Court, challenging the selection of the appellants/ petitioners and others, on the ground that the selected candidates were not having "O" Level Certificate or one -year computer certificate from the recognized Institutes.

(3.) WRIT Petition (S/S) No.1066/2011 was decided vide judgment dated 01.11.2011 with the direction to the Director, Treasury and Financial Services, Uttrakhand to appoint a Committee to verify the credentials of each selected candidate, inter alia, certificates given by them, which may be from recognized Institute or University, as given under the said Rules. Meanwhile, a Committee was constituted in pursuant to the judgment -dated 01.11.2011 and the Committee has given prima facie opinion that some of the selected candidates were having certificates issued in their favour from the Institutes, recognized either by the State of Uttarakhand or by the Central Government. However, the Committee, so appointed, gave prima facie opinion against the petitioners and other selected candidates, who have obtained 'O' level certificate or one -year Computer Science Certificate from the other Institutes, although not recognized by the Uttarakhand State and Central Government, however recognized by other States. On the basis of the prima facie opinion of the Committee, services of the petitioners were terminated, without issuing any show cause notice. Feeling aggrieved, petitioners preferred Writ Petition No.70 (S/S) of 2013 and Writ Petition No.72 (S/S) of 2013, which were disposed of vide judgment, impugned in the present appeal. Undisputedly, the judgment of the learned Single Judge dated 01.11.2011, passed in Writ Petition No.1066/2011 (S/S), was challenged before the Division Bench of this Court in Special Appeal No.299/2011. The Division Bench of this court, vide judgment dated 25.02.2012, was pleased to dispose of the Special Appeal No.299/2011, by observing as under: -