SACHIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition seeks review of the final order dtd. 30/11/2019 passed in M.P. No.4837/2018 whereby the Coordinate Bench has allowed the petition of the Union of India and its functionaries setting aside the order of Central Administrative Tribunal, Bench at Jabalpur dtd. 23/7/2018 passed in O.A. No.200/925/2013.

(2.) The Tribunal in O.A. No.200/925/2013 was testing the legality, validity and propriety of the order dtd. 11/10/2013 by which the petitioner was informed that his candidate for the post of Semi Skilled worker in Vehicle Factory Jabalpur stands cancelled based on adverse criminal antecedents report submitted by the District Magistrate, Jabalpur.

(3.) Learned counsel for petitioner - Shri Rahul Rawat raises a solitary ground that the employer while passing the order dtd. 11/10/2013 did not apply its mind independently and instead blindly followed the report regarding criminal antecedents submitted by the District Magistrate by treating the same to be adverse. It is further submitted that if the report of the District Magistrate is seen, it is revealed that it was conveyed to the employer that Crime No.338/2008 u/S 324 read with Sec. 34 of IPC was registered against petitioner at Police Station Ranjhi, District Jabalpur in which petitioner had been acquitted by the trial Court on 18/3/2010 by way of compounding of the offence (Rajinama). While so informing, the District Magistrate asked the employer to take its own independent decision on the said criminal antecedents report.