UNION TERRITORY OF JK Vs. MUHAMMAD IQBAL HUSSAIN

JUDGEMENT

(1.) This Petition is directed against two Orders dated 10th of May, 2021 passed by the Central Administrative Tribunal, Jammu Bench (hereinafter referred to as 'the Tribunal') in two TAs bearing TA No.3003/2021 and TA No. 3052/2021, whereby the said TAs have been allowed and impugned termination order dated 23rd of July, 2015, which was one and same in both the TAs, set aside.

(2.) The brief facts of the case are that the Jammu and Kashmir Services Selection Board (for short 'the Board'), way back in the year 1999, notified 69 vacancies of Junior Statistical Assistant (State Cadre). In the Advertisement notice, 3% reservation was made for 'Handicapped Category'. The Respondents herein, being eligible, are stated to have responded to the aforesaid advertisement notice and, on competing in the process of selection, got selected and appointed on 26th of October, 2002. Thereafter, one of the candidates, namely, Mohammad Hayat Sheikh, who was not selected, being aggrieved of his non-inclusion in the select list, filed a civil Suit before the Court of learned City Judge, Srinagar for challenging the selection of the Respondents herein. The said Suit was finally decreed on 5th of November, 2003 by the trial Court, thereby declaring the said Mohammad Hayat Sheikh entitled to consideration for appointment as Junior Statistical Assistant without disturbing the selection and appointment of the Respondents herein. This Decree and Judgment aforesaid stands implemented in the year 2005 by recommending the selection and appointment of said Mohammad Hayat Sheikh followed by his appointment by the Government. As a consequence of the aforesaid litigation, the Services Selection Board, in order to ascertain the genuineness of the 'Disability Certificate' of the Respondents herein, directed enquiry proceedings leading to initiation of process of withdrawing the candidature of the Respondents herein, which action became the subject matter of SWP No.25/2006 filed by the Respondents herein. The Writ Court, in terms of Judgment dated 9th of May, 2008, disposed of the aforesaid Writ Petition by directing the Respondents therein to hold a proper inquiry in the matter after affording sufficient opportunity of being heard to the Petitioners therein/Respondents herein. Subsequently, the Government appears to have passed Order No. 447-DES of 2015 dated 23rd of July, 2015, whereby the services of the Respondents herein were terminated by stating that the Investigating Officer found fault with their selection. This termination order was put to challenge by the Respondents herein through the medium of two Writ Petitions viz. SWP Nos. 1569/2015 (filed by Respondent No.1 herein) and 1571/2015 (filed by Respondent No.2 herein). The said Petitions, upon reorganization of the erstwhile State of Jammu and Kashmir, came to be transferred to the Tribunal for their adjudication under law. The learned Tribunal, initially, in terms of Order dated 10th of May, 2021, allowed TA No. 3003/2021 (SWP No. 1569/2015) by setting aside the termination order dated 23rd of July, 2015 in relation to the applicant therein/Respondent No.1 herein. On the same date, i.e., 10th of May, 2021, the learned Tribunal, while being apprised of the fact that TA No. 3003/2021 involving similar facts, has been allowed, disposed of the TA No. 3052/2021 (SWP No. 1571/2015) as well by setting aside the termination order dated 23rd of July, 2015 qua the applicant therein/ Respondent No.2 herein. It is these two Orders passed by the learned Tribunal that have been challenged by the Petitioners through the medium of the instant Petition on the grounds detailed out in the memo of Petition. Pertinent to mention here that both the Respondents herein continued in service and are still discharging their duties with the Petitioners.

(3.) Mr Sajjad Ashraf Mir, the learned Government Advocate, appearing for the Petitioners, submitted that the learned Tribunal has not appreciated the controversy involved in the matter in its true and correct perspective inasmuch as it, while passing the impugned Orders, did not take into consideration the Objections so filed by the Respondents/Petitioners herein. It is pleaded that the termination order dated 23rd of July, 2015 was issued only after conducting proper enquiry in the matter in tune with the rules governing the field, wherein it emerged that the Respondents herein had submitted fake certificates qua disability. It is contended that the aforesaid facts were brought into the knowledge of the learned Tribunal, however, the same have been brushed aside while passing the impugned Orders.