BALDEV PRASAD CHATURVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition of Baldev Prasad Chaturvedi under Article 226 of the Constitution of India is directed against the order of Controller of Defence Accounts, Eastern command, Meerut passed on 5th of October, 1959 terminating his services as a temporary employee under Rule 5 of the Defence Accounts Department (Temporary Service) Rules 1949.

(2.) THE petitioner was appointed a lower division clerk in the office of the controller of Defence Accounts Eastern Command Meerut on 11th of April, 1955. Subsequently he was transferred on compassionate grounds at his own referred on compassionate grounds at his own request to his home town of Mathura with effect from 16th of September, 1957. On 16th of January, 1959 a letter was issued by the Local Audit Officer calling upon the petitioner to improve his conduct and work failing which his services would have to be terminated. Eventually in pursuance of the impugned order of 5th of October, 1959 the services of the petitioner were terminated with effect form 28th September, 1959. It was mentioned in the order that the petitioner will be paid a sum "equivalent to the amount of his pay plus allowance for one month which is the period of notice due to him. " later, the petitioner asked for a certificate from the Department and it was granted to him on 21st of October, 1959. In this certificate which is Exhibit P-1 it was stated that the petitioner was employed in the Defence Accounts Department for the period 11th of April, 1955 to 28th of September, 1959 and his ability as a lower division clerk "was below average" and against the column of 'character' was stated that 'conduct was unsatisfactory". It may be mentioned that under paragraph 445 of the Defence Accounts Department (Office Manual) Part I such a certificate may be granted to non-gazetted personnel who have served in the defence Accounts Department on application. A specimen certificate is given in annexure A and there is no manner of doubt that Exhibit P. 1 is in accordance therewith. It is mentioned below the specimen certificate in Annexure A that under the column of 'ability 'a person is to be classified as excellent /very good/good/below average poor "character", it is stated underneath the Annexure that a person concerned should be classified as exemplary/very good/good unsatisfactory as the case may be. Thus the certificate of service which was asked for by the petitioner bore the entries which should be filled in accordance with the provisions of the specimen certificate.

(3.) IT may be also be mentioned that in sub-paragraph (2) of paragraph 445, it is enjoined on the authorities concerned that "in granting certificates care should be exercised that the whole truth in respect of the individual concerned is stated in the certificate. "