P VIRABHAGU Vs. UNION OF INDIA

JUDGEMENT

(1.) CHALLENGING the order of the Madras Bench of the Central Administrative Tribunal in O. A. No. 376 of 2000 dated 12. 4. 2000 and the Memorandum No. Estt. 2 (42)/97 of the third respondent, dated 20/22. 9. 1999, the petitioner has filed this Writ Petition to quash the same and for a direction to the second and third respondents to consider the petitioner for appointment to the post of Groundman in the Jawaharlal Institute of Post Graduate Medical Examination and Research, Pondicherry against the vacancy for which the petitioner was selected in the interview held on 18. 2. 1999.

(2.) THE petitioner was sponsored by the employment exchange, Pondicherry to the post of Ground man in the Jawaharlal Institute of Post Graduate Medical Examination and Research (hereinafter referred to as JIPMER) and thereupon the Administrative officer under the second respondent sent a call letter to the petitioner in Memorandum No. Estt. 2 (42)/97 dated 1. 2. 1999 asking the petitioner to appear for an interview to the said post on 18. 2. 1999. The petitioner was selected for the above said post and the same was displayed in the notice board. Thereafter, the first respondent issued a memorandum No. Estt. 2 (42)/97 dated 15. 5. 1999 asking the petitioner to fill up the attestation form enclosed therewith and the same was submitted by the petitioner after duly filled-in. However, the third respondent informed the petitioner by the impugned Memorandum No. Estt. 2 (42)/97 dated 20/22. 9. 1999 that the petitioner could not be considered for appointment to the post of Ground man. Thereafter, the petitioner sent a representation to the second respondent. Having not received any reply, the petitioner filed an application in O. A. No. 376 of 2000 before the Central Administrative Tribunal, which dismissed the same by its order dated 12. 4. 2000. Hence, the present Writ Petition.

(3.) IN the counter filed by the respondents, it is stated that the attestation form submitted by the petitioner was forwarded to the Chief Secretary of Pondicherry for furnishing a report on the character and antecedent of the petitioner. Based on the report of the Inspector General of Police, Pondicherry, the fourth respondent in his letter No. A. 16012/9/99/dpar/cc dated 3. 9. 1999 informed that since the individual involved in a case in Cr. No. 23/94 under Section 160 I. P. C. , dated 24. 2. 1994 on the file of Lawspet Police Station and paid a fine of Rs. 50/- before JFCM Court, Pondicherry in S. T. R. No. 3278 of 1994 on 24. 6. 1994 and the individual had furnished false information in Col. No. 12 of the attestation form, he is not suitable for Government Service. On the basis of the letter of the fourth respondent, who is the competent authority, the third respondent informed the petitioner by a Memo. No. Estt. 2 (42)/97 dated 20/22. 9. 1999 that the petitioner cannot be considered for the post of Ground man. It is stated that based on the report from the Character and Antecedents Authority and suppression of the fact in the Attestation Form by the petitioner despite warning Clause, the action of the third respondent is well within the ambit of Government Rules and Regulations and it is not violative of the principles of natural justice.