ASHOK KUMAR CHOPRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This order shall dispose of above mentioned two writ petitions bearing No. CWP-9836-2013 titled as 'Ashok Kumar Chopra Versus Union of India and others' and CWP-24251-2012 titled as 'Union of India and others Versus Central Administrative Tribunal, Chandigarh Bench, Chandigarh and another'. Both the petitions arise out of common orders dtd. 30/4/2012 (Annexure P-4) and 22/5/2012 (Annexure P-5) passed by Central Administrative Tribunal, Chandigarh Bench, Chandigarh, (for short 'the Tribunal') whereby with the majority of 2:1, impugned order dtd. 22/11/2010 (Annexure A-1) terminating the services of the applicant- petitioner namely Ashok Kumar Chopra was set aside and applicant- petitioner was ordered to be taken back in services with all consequential benefits without back wages for the period he remained out of service on the principal of 'No Work No Pay'.

(2.) The facts of the case are that the applicant/petitioner-Ashok Kumar Chopra, retired from Indian Air Force from 31/5/2002. He was appointed as Assistant Central Intelligence officer Grade-II vide letter dtd. 16/2/2009 on temporary basis (Annexure A-2). He worked from March 2009 to 22/1/2010 when his services were terminated by invoking sub Rule 1 of Rule 5 of Central Civil Services (Temporary Services) Rules 1965. This was done by respondents on the basis of anonymous complaint by holding discreet inquiry. Applicant-petitioner was issued a legal notice dated Annexure A-3 to which he received reply dtd. 27/12/2010, in which it was mentioned that the integrity of the applicant-petitioner was doubtful and was not up to the mark. Thus, allegations cast stigma on the applicant- petitioner and he cannot be punished without holding proper inquiry as per Article 311 of the Constitution of India. Respondents-UOI in the reply took the plea that the applicant- petitioner was on probation for a period of two years. According to the terms and conditions of the appointment letter, his services could be terminated by giving him one month salary. His services were terminated on the basis of written complaint of the passenger, on verbal complaint of Air Port Authority, his quarreling with the passenger for gratification, acting in ignorance of immigration norms, complaint of supervisory officer in writing and the inquiries made thereafter on these complaints (Annexure R-4 and R- 5, respectively). It was further pleaded that the Intelligence Bureau does not display the name of the office board outside or inside the office but the applicant-petitioner had displayed the same outside of his residence which is against the norms of the Intelligence Bureau. There was no need to associate him in the inquiry. It was also alleged in the reply that the integrity of the applicant-petitioner was not upto the mark. Applicant-petitioner was posted at Rajasansi Airport, Amritsar and respondents-UOI was getting regular complaints about his misbehavior with the passengers and demanding gratification. It was further pleaded that the government employee who is corrupt and ill- behaved and whose conduct is against the department may not be granted any relief.

(3.) A Bench of the Tribunal heard the matter and vide judgment dtd. 30/4/2012 (Annexure P-4), a judicial Member of the Tribunal quashed the order dtd. 22/11/2010 (Annexure A-1) terminating the services of the applicant-petitioner and ordered that the applicant-petitioner be taken back in service with all consequential benefits but without back wages for the period, he remained in service on the principal of 'No Work No Pay'. However, it was also made clear that this will not be taken as bar for proceeding against the applicant-petitioner for inquiring into the allegations made against him as per the Rules. However, the Administrative Member of the Tribunal disagreed with the said finding and the consequently the matter was referred to the third Member of the Tribunal, who agreed with the view taken by the Judicial Member. Consequently the application was allowed by the majority of 2:1.