NATIONAL AIRPORT AUTHORITY Vs. KAMAKHYA NARAIN SINGH

JUDGEMENT

(1.) This special appeal is directed against the order dated 8.2.2000 passed in Civil Misc. Writ Petition No. 13981 of 1995 preferred by Kamakhya Narain Singh.

(2.) Kamakhya Narain Singh (writ petitioner and respondent in the special appeal) was an applicant for the post of Fire and Rescue Operator with the National Airport Authority. After preliminary physical measurement and written test which was held on 6.9.1992 he was directed to appear for final selection in the office of Senior Aerodrome Officer, National Airport Authority. Safdarganj, New Delhi. He competed in the final selection and was thereafter nominated for training subject to production of police verification. In this connection, he was required to submit a declaration in a prescribed proforma known as attestation form for verification of character and antecedents, which he did. Subsequently he was informed by a letter dated 6.9.1994 that as he had given false information in column 12 of the aforesaid form and had suppressed material facts, his selection for the post of Fire and Rescue Operator was cancelled. The respondent then filed the writ petition seeking quashing of the aforesaid order dated 16.9.1994 and also prayed that a writ of mandamus be issued commanding the appellants (respondents in the writ petition) to appoint him on the post of Fire and Rescue Operator. The writ petition was filed on 22.5.1995 and on 8.2.2000 a learned single Judge passed the following order which has been challenged In this appeal : "This petition was filed in the year 1995. No counter-affidavit has been filed. Learned counsel for the respondent prays and is allowed six weeks more time to file counter-affidavit. In the meantime, the petitioner shall be allowed to join and shall be paid salary."

(3.) Sri V. K. Singh learned counsel for the appellant has submitted that in the facts of the case, the impugned order directing that the writ petitioner shall be allowed to join and shall be paid salary has been wrongly passed and a relief which could not be granted even at the stage of the final hearing has been granted by means of an interim order. Sri Ravi Kiran Jain, learned counsel for the respondent (writ petitioner) has supported the order passed by the learned single Judge.