UNION OF INDIA Vs. AMIT KUMAR

JUDGEMENT

(1.) Heard on admission. The present petition is filed under Article 227 of the Constitution of India being aggrieved by the order dated 17-01-2020 (Annexure P-1) passed by the Central Administrative Tribunal, Jabalpur in O.A.No.200/00032/2018.

(2.) The facts are succinctly stated that the respondent/applicant participated in the selection process for the post of Exam Engg.(S/SK). He was selected in the written examination held on 06-09-2015. His character and antecedent got verified from the District Magistrate Munger and he was issued offer of appointment on 08-10-2016. On receipt of anonymous complaint regarding his misleading identity and obtaining appointment by fraud, verification report was sought from Superintendent of Police Munger. The Superintendent of Police Munger vide letter dated 18-03-2017 forwarded investigation report dated 05-03- 2017 intimating that Shri Amit Kumar had appeared in Matriculation Examination twice in different names and different date of birth. It was alleged that he utilized the certificate which was more beneficial for him. After receipt of said report, he was issued show cause notice dated 14-11-2017. He submitted representation dated 20-11-2017. Considering his character and antecedent he was not found suitable for government service, accordingly in terms of appointment contained in para 2(a) & (c), services of respondent/applicant were terminated w.e.f. 09-12-2017.

(3.) Challenging the termination order, the respondent/applicant filed Original Application before the Central Administrative Tribunal, Jabalpur. The Central Administrative Tribunal vide order dated 17-01- 2020 quashed the order of termination and directed the department/petitioner to reinstate the respondent/applicant in service forthwith with all consequential benefits. Liberty has been given to the Management to take appropriate action as per rules.