RANVIJAY NARAYAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) INSTANT O.A. has been filed by the applicant to issue a writ, order or direction in the nature of certiorari quashing the orders dated 17.12.2012 Annexure A -1 to Annexure A -4, issued by respondent No. 3 and, to issue a writ, order or direction in the nature of mandamus commanding the respondents not to give effect to the orders dated 17.12.2012, Annexure A -1 to Annexure A -4, issued by respondent No. 3. The facts giving rise to this O.A., in brief, are as follows: - -

(2.) TO their utter surprise, when the applicants reported for duty on 17.12.2012, they were served with termination order without assigning any reason. After receiving the termination order, applicants came to know about some Court of Inquiry (for short Col) being held in the matter with which the applicants were not associated in any way nor any intimation was given to them about it. No charge sheet was submitted against any applicant nor was any unsatisfactory report submitted against them. Even no show cause notice was given to the applicants before termination order which is apparently against the rules and natural justice. The entire proceedings are void ab initio and cannot be sustained in the eye of law. Even no notice of misconduct on the part of applicants was given to them. Under the impugned order, the applicants are thrown on the road without there being any fault on their part and they would be bereft of only source of livelihood. They have no option except to file the present O.A. Accordingly this O.A. has been filed mainly on the grounds that the impugned orders are ex -facie illegal, arbitrary, whimsical and against the principle of natural justice, as such, liable to be set aside; because the applicants in pursuance of advertisement letter applied for the posts advertised by the Maintenance Command of the Air Force and after successfully completing the written examination/physical/interview, they were given appointment letters. They have already put in 19 months service and all of a sudden they cannot be thrown on the road. The termination of applicants from service is against the principle of natural justice, no charge of misconduct has been levelled against any applicant. No show cause notice was ever given to them nor they have been associated in any way with the alleged Col nor any opportunity of hearing was given to them. Since under the impugned orders, serious civil consequences follow, therefore, opportunity was mandatory and not providing any opportunity, vitiates the impugned orders. Accordingly, it has been prayed that the relief claimed by the applicants be granted in their favour.

(3.) AFTER investigating the allegations in detail, the Col finalized its deliberation and inter alia submitted its findings and recommendations on 15.2.2012 to quash the entire selection process and order a fresh Board. The Col proceedings revealed that all norms had been violated at each stage viz. right from the stage of entertaining applications, preparation of question papers, conduct of written tests, conduct of interviews/trade tests etc. making it impossible to pick out or choose any few persons in respect of whom alone the selection could be cancelled and their service in pursuance thereof could be terminated. The nature and extent of illegalities and irregularities committed in conducting the selection were so widespread and all pervasive, affecting the result, so as to make it difficult to pick out the persons who have been unlawfully benefited or wrongfully deprived of their selection.