UNION OF INDIA Vs. AMAN TIWARY

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent is directed against the order/judgment dtd. 29/1/2021 passed by learned Single Judge in W.P.(S) No. 2712 of 2012, by which appellate order dtd. 30/12/2011 passed by Inspector General, OPS, Jharkhand Sector, CRPF as also order of punishment dtd. 3/9/2011 and 4/10/2011, issued by the Commandant, 133 Bn, C.R.P.F, Ranchi terminating the services of the petitioner, has been quashed and set aside while allowing the writ petition.

(2.) The brief facts of the case as per the pleading made in the writ petition required to be enumerated, read as under: The petitioner applied for selection for the post of Driver in C.R.P.F., Hazaribagh, Jharkhand, 22 Battalion, CRPF Recruitment Centre and accordingly appeared for written test conducted on 6/7/2008, in which, he was declared successful and was informed that offer of appointment shall be sent to his residential address. But for a long period, when no appointment letter was sent to him, the writ petitioner represented before the respondents-authorities several times. The Deputy Inspector General, (Group Centre), CRPF, Sindri, Dhanbad vide letter dtd. 13/7/2010 informed the petitioner that on verification the driving license of the petitioner, purported to be issued by District Transport Officer, Mon., Nagaland, was found to be false and fabricated. Aggrieved thereof, the petitioner approached the Patna High Court by filing writ petition being C.W.J.C. No. 2306 of 2011, which was disposed of vide order dtd. 9/2/2011 in terms of order dtd. 5/2/2010 passed in CWJC No. 368 of 2010 [Suman Kumar Vs. Union of India & Ors], whereby the respondent authority was directed to permit the petitioner-Suman Kumar to be appointed on the post of Driver as his Driving Licence was found to be genuine, granting liberty to the respondents-authorities to verify the genuineness of the driving license and correctness of the certificate issued by the D.T.O., Mon, Nagaland. In terms of the order passed by Patna High Court, the petitioner was directed to report at Group Centre, Ranchi on or before 12/8/2011 along with original documents. Accordingly, the petitioner reported at CRPF Centre, Ranchi and was appointed on the post of Driver and started to discharge his duties.

(3.) This Court has heard the matter at length as would appear from the order dtd. 27/9/2022 and after appreciating the rival submissions of the parties, more particularly, the concession of the learned counsel for the petitioner to the effect that he is still ready for fresh medical examination by any independent medical institution, this Court, in the ends of justice, passed the order for fresh medical test by independent Army Medical Hospital.