UNION OF INDIA Vs. ABHIJIT PRAKASH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ application has been filed by the petitioners being aggrieved by the order dated 30.05.2014 passed by the Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the "Tribunal"), by which O.A. No. 424 of 2013 filed by the respondent has been allowed and his termination order has been quashed.

(3.) The petitioner appeared in the examination held for appointment to the post of Intelligence Officer in the Narcotics Control Bureau (NCB) held by the Staff Selection Commission (SSC) pursuant to advertisement dated 28.05.2011. He appeared in the examination held on 28.08.2011 followed by an interview held on 13.01.2012. After final selection by SSC, offer of appointment was issued by the NCB to the successful candidates, including the respondent, under letters dated 26.04.2012, 04.04.2012 and 28.05.2012, asking them to join in NCB Headquarters on 28.05.2012 and 18.06.2012. However, in the meantime, the SSC intimated to the NCB Headquarters under letter dated 21.05.2012 that it had decided to carry out a detailed Post Examination Analysis for the exam in question as there were reports that some candidates have used unfair means/malpractice. It also suggested that if there was urgency of appointment, candidates may be appointed with the condition that there services were liable to be terminated if there is prima facie proof of them having indulged in any malpractice. That the SSC again wrote to the NCB under letter dated 25.07.2012, that Post Examination Analysis of 76 candidates, including the respondent, was underway and with a request that further action regarding appointment be taken up in normal course and that specific recommendations regarding the concerned 76 candidates would be made after completion of detailed analysis by the SSC. Finally, after the Post Examination Analysis, out of the 9 candidates who had joined the NCB, only one candidate cleared the test whereas 8 candidates, including the respondent, failed. The Director, SSC intimated to the NCB Headquarters under letter dated 20.12.2012 that dossier of those candidates who had not cleared the Post Examination Analysis test may be returned to the concerned regional offices as the SSC had decided the cancellation of candidature and debarment of their appointment. Finally, the NCB, after advise from the Ministry of Home Affairs (MHA) dated 10.05.2013, terminated the service, vide order dated 12.06.2013, of all 8 candidates who were working as Intelligence Officers in the NCB. The respondent being aggrieved by the same moved the Tribunal in O.A. No. 424. 4. 4 of 2013 and by order dated 30.05.2014 the Tribunal quashed his termination order with a direction to reinstate him in service. The petitioners being aggrieved by the same have preferred the present writ application.