VIKAS Vs. GOVT. OF NCT OF DELHI THROUGH CHIEF SECRETARY, PRINCIPAL SECRETARY (HOME) GOVT. OF NCT OF DELHI AND DELHI FIRE SERVICE, THROUGH ITS DIRECTOR, SH. A.K. SHARMA

JUDGEMENT

(1.) THE present OAs bearing Nos. 807 of 2013, 808 of 2013 and 809 of 2013 have been heard together on the request of counsel of both sides since the impugned action terminating the services of the applicants, non -disposal of their appeals and the reliefs sought are the same. We are, therefore, disposing of these three OAs by a common order. For the purposes of facts, grounds and pleading of both parties, we have relied on OA No. 807 of 2013 as the leading case. Briefly stated, the facts of this OA are that the applicant was appointed as Fire Operator on 24.6.2008 (Annexure -L) and put on probation for a period of two years. After appointment, the respondent forwarded a letter for verification of the driving license of the applicant to the Licensing Authority, Transport Department, Agra, U.P. On 21.1.2009, the concerned Licensing Authority informed that the driving license of the applicant was duly verified from the office record and was found to be true and correct and this was fortified by police verification report. The applicant was inducted for training course in the Fire Fighting on 15.03.2009 and thereafter the DGP (Agra) submitted a report on 13.08.2009 stating authenticity of 40 driving licenses. The respondent constituted Two -Member Team on 3.9.2009 to verify the driving licenses of 81 Fire Operators as there was controversial report of verification of driving licenses from the Office of Agra Transport Authority. Subsequently, on 15.11.2010, the Agra Transport Authority gave contradictory report to its earlier report dated 21.01.2009 that the driving license issued in the name of applicant is fake and that it had not been issued by that authority. A show cause notice was issued by the Respondents on 4.5.2011 as to why his services may not be terminated with immediate effect because his driving license has been found fake, and asked him to submit his reply in his defence, failing which his services shall stand terminated immediately under Rule 11 of the CCS (CCA) Rules, 1965. The applicant on 10.05.2011 made an application with regard to endorsement of his driving license made by other transport authorities in continuity. He also filed reply to show cause notice after which the respondents again issued another show cause notice on 30.8.2011 (Annexure E) under Rule 5(1) of CCS (Temporary Service) Rules, 1965 with regard to termination of his service after expiry of a period of one month from the date of service of notice. The applicant filed OA No. 3345/11 before this Tribunal. The Tribunal set aside the show cause notice dated 30.08.2011 with direction to reinstate the applicant vide its order dated 17.11.2011. The applicant was accordingly reinstated. Later on, on 4.4.2012, the respondents issued another show cause notice on the similar issue. The applicant submitted his reply and ultimately, the respondents passed impugned order dated 16.01.2013 terminating the services of the applicant on the basis of report dated 15.11.2010 on the ground that the applicants driving license was not found genuine and valid. The applicant filed statutory appeal which remains pending for disposal.

(2.) THE following main grounds have been urged namely, that the appeal filed by the applicant has not been disposed of and that the impugned order dated 16.01.2013 suffers from vice of non -consideration of the relevant factors. The Two - Member Committee constituted by the Respondents which gave its report on 15.11.2010 never summoned the applicant to put up his defence. The finding of the Two -Member Committee was not supplied to him and he was thus unable to defend himself properly. Due procedure for holding the disciplinary proceeding has not been followed. The applicant had been appointed vide letter dated 24.06.2008 as Fire Operator according to which the probation period of two years came to an end on 26.6.2010 and, therefore, the respondents did not take any action during this period of probation. The respondents after the judgment of the Tribunal were not justified in reopening the entire issue. The report of the Agra Transport Authority dated 15.11.2010 only stated that due procedure was not adopted by the concerned Licensing Authority while issuing the 81 driving licenses. There is no such evidence that the applicant had procured the driving license fraudulently. Malice has also been attributed to the respondents.

(3.) COUNTER reply has been filed by the respondents. The respondents have stated that according to the Memorandum of Appointment dated 24.6.2008, the probation period was to be started only after completion of six months pre -service training period. The applicants probation started only after that and it was incorrect to state that he was appointed vide letter dated 21.01.2009 as Fire Operator. He was actually appointed to the said post on 29.09.2009 vide letter dated 10.12.2009 (Annexure R -2). The second main contention is that vide the alleged letter dated 15.4.2009 (Annexure -1), the verification of the driving license of the applicant was never sent to this department by the police authority. The verification of applicants driving license was not fortified by police verification report dated 13.8.2009. Only the residential address of the applicant in Agra had been verified vide letter dated 13.8.2009 and his driving license was not verified by Agra Transport Authority. The Two -Member Committee had been deputed on 03.09.2010 in which the driving license of the applicant along with 80 other candidates was stated to be found fake. It is also stated that the original license of the applicant was never verified by the concerned Transport Authority and its subsequent endorsement by different authorities carries no meaning and could not convert a fake license into a valid one. The fact mentioned in the report dated 15.11.2010 showed that the applicants driving license was fake. As per the order dated 17.11.2011 passed in OA No. 3545/2011, a fresh show cause notice was issued enclosing all relevant copies of the documents in compliance of the Tribunals direction. Thereafter, the matter was duly considered and after receipt of the reply to the said show cause notice, order of termination under Rule 5(1) of the CCS (Temporary Service) Rules, 1965 was issued on 16.01.2013. All the relevant copies have thus been provided to the applicant before issue of the termination order. There is no violation of principles of natural justice.