KRISHNA BALLABH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Learned Counsel for the petitioner and the respondent. Petitioner in the present writ application was declared successful for the post of Junior Telecom Officer -02 in the examination held on 9.6.2002. After verification of his documents/certificates by Selection Committee, his name was included in the list of trainees and allotted Bihar Telecom Circle. The petitioner was informed that he will have to undergo pre -appointment training of the Junior Telecom Officer. At this stage, a complaint was received against the petitioner alleging that he had adopted unfair means in the examination for the post of J.T.O. in 2002 examination. On receipt of such complaint, his order for training was kept in abeyance till completion of enquiry/investigation and the Complaint was referred by the Chief General Manager, Telecommunication, BSNL, Bihar Circle, Patna (Respondent No. 2) to DGM (Vigilance) O/o CGMT, Bihar Circle and BSNL Headquarters, New Delhi for settlement of the case by letter dated 26.8.04. The petitioner was informed that his order for training has been kept in abeyance till investigation/finalization of the complaint lodged against him.

(2.) THIS application has been filed for quashing the order dated 26.8.04 issued by respondent No. 2 whereby petitioner's order for training was kept in abeyance. Further prayer of the petitioner is for a direction to issue pre -appointment training letter in his favour and after completion of training period to issue final appointment letter of Junior Telecom Officer, Bihar Circle, BSNL.

(3.) MR . Y.V. Giri, counsel for the petitioner, assailing the order dated 26.8.2004 has submitted that the earlier ground on which the letter of training was not issued in favour of the petitioner and kept in abeyance has finally not been proved. Now the respondents cannot further keep it in abeyance on any fresh ground which was not the subject matter of keeping the order for training in abeyance.