Full Text
Translation output
V
• $-2
HIGH COURT OF DELHI
W.P.(C)4652/2015
GOVT.OF N.C.T.OF DELHI AND ORS. Petitioners
Through Mr.Gautam Gupta,Advocate
• $-2
HIGH COURT OF DELHI
W.P.(C)4652/2015
GOVT.OF N.C.T.OF DELHI AND ORS. Petitioners
Through Mr.Gautam Gupta,Advocate
VERSUS
RAJBNDERKUMAR Respondent ^ Through None.
$-13
$-13
W.P.(C)4640/2015 -
GOVT.OF N.C.T.OF DELHIAND ORS. Petitioners
GOVT.OF N.C.T.OF DELHIAND ORS. Petitioners
VERSUS
KUMAR Respondent
Through None.
$-14 ^ + W.P.(C)4645/2015 GOVT.OF N.C.T.OF DELHIAND ORS. Petitioners
Through None.
$-14 ^ + W.P.(C)4645/2015 GOVT.OF N.C.T.OF DELHIAND ORS. Petitioners
VERSUS
SANDEEP Respondent 2015:DHC:11027-DB $-15
W.P.(C)4648/2015
GOVT.OF N.C.T.OF DELHI AND ORS. Petitioners
GOVT.OF N.C.T.OF DELHI AND ORS. Petitioners
VERSUS
SURENDER Respondent
■^$-16
■^$-16
W.P.(C) 4649/2015
GOVT. OFN.C.T. OF DELHI AND ORS. Petitioners
Through Mr. Gautam Gupta, Advocate
GOVT. OFN.C.T. OF DELHI AND ORS. Petitioners
Through Mr. Gautam Gupta, Advocate
VERSUS
BALRAM Respondent
Through None
Through None
CORAM:
HON'BLEMR. JUSTICE KAILASH GAMBHIR
HON'BLE MR. JUSTICE I.S.MEHTA
22.05.2015 CM APPL.No. 8422/2015 (Exemptionl in W.P.fC) 4652/2015
CM APPL.No. 8406/2015 rExemption) in W.P.(C) 4640/2015
CM APPL.No. 8412/2015YExemptionl in W.P.(C) 4645/2015
CM APPL.No. 8416/2015 (Exemption) in W.P.ICI 4648/2015
CM APPL. No. 8418/2015 (Exemption) in W.P.ICI 4649/2015
Exemption allowed subject to just exceptions.
Applications stand disposed of.
'l W.P.(a 4652/2015& CM APPL.No.8421/2015 fStav)
HON'BLE MR. JUSTICE I.S.MEHTA
22.05.2015 CM APPL.No. 8422/2015 (Exemptionl in W.P.fC) 4652/2015
CM APPL.No. 8406/2015 rExemption) in W.P.(C) 4640/2015
CM APPL.No. 8412/2015YExemptionl in W.P.(C) 4645/2015
CM APPL.No. 8416/2015 (Exemption) in W.P.ICI 4648/2015
CM APPL. No. 8418/2015 (Exemption) in W.P.ICI 4649/2015
Exemption allowed subject to just exceptions.
Applications stand disposed of.
'l W.P.(a 4652/2015& CM APPL.No.8421/2015 fStav)
W.P.(C)4640/2015& CM APPL.No.8405/2015(Stav^
W.P.ra 4645/2015& CM APPL.No.8411/2015(Stay)
W.P.(a 4648/2015& CM APPL.No.8415/2015(Stav^ W.P.(a 4649/2015& CM APPL.No.8417/2015 rStav^
By these petitions filed under Article 226 ofthe Constitution ofIndia, petitioners seek to challenge the orders dated 04.09.2014 passed by the learned Central Administrative Tribunal,Principal Bench,New Delhi.
Learned counsel for the petitioners submits that these respondents have not yet been given any appointment to the post ofFire Operators and therefore,they are not entitled to be served with any show cause notice orto be afforded any opportunity of hearing. The learned counsel also submits that the learned Tribunal has also failed to appreciate that condition precedent in the Recruitment Rules is that the candidate should possess a valid HTV driving licence and since the Licensing Authority, i.e. Mathura
Transport Authority has already given a report to the petitioners that the licences ofthe respondents were fake and therefore, the respondents could not be given an appointmentto the said post.
We have heard the learned counselforthe petitioners.
By a common order dated 04.09.2014 passed by the learned Tribunal, a limited direction given to the petitioners is that these candidates are entitled to a show cause notice before any final decision is taken by the petitioners with regard to their appointmentto the postofFire Operators.
We find no infirmity or illegality in the reasoning given by learned
Tribunal. Certainly,these respondents are entitled to know the basis for the rejection oftheir candidatures and for that they are entitled to show cause
3' notice and proper hearing before any final decision is taken by the petitionersto rejecttheir candidatures.
In the light of above, we do not find any merit in the present Writ
Petitions and the same alongwith all the pending applications are accordingly dismissed.
We accordingly,uphold the orders passed bythe learned Tribunal and direct the petitioners to comply with the direction given by the learned
Tribunal.
KAILASH GAMBHIR,J MAY 22,2015/nn LS.
W.P.ra 4645/2015& CM APPL.No.8411/2015(Stay)
W.P.(a 4648/2015& CM APPL.No.8415/2015(Stav^ W.P.(a 4649/2015& CM APPL.No.8417/2015 rStav^
By these petitions filed under Article 226 ofthe Constitution ofIndia, petitioners seek to challenge the orders dated 04.09.2014 passed by the learned Central Administrative Tribunal,Principal Bench,New Delhi.
Learned counsel for the petitioners submits that these respondents have not yet been given any appointment to the post ofFire Operators and therefore,they are not entitled to be served with any show cause notice orto be afforded any opportunity of hearing. The learned counsel also submits that the learned Tribunal has also failed to appreciate that condition precedent in the Recruitment Rules is that the candidate should possess a valid HTV driving licence and since the Licensing Authority, i.e. Mathura
Transport Authority has already given a report to the petitioners that the licences ofthe respondents were fake and therefore, the respondents could not be given an appointmentto the said post.
We have heard the learned counselforthe petitioners.
By a common order dated 04.09.2014 passed by the learned Tribunal, a limited direction given to the petitioners is that these candidates are entitled to a show cause notice before any final decision is taken by the petitioners with regard to their appointmentto the postofFire Operators.
We find no infirmity or illegality in the reasoning given by learned
Tribunal. Certainly,these respondents are entitled to know the basis for the rejection oftheir candidatures and for that they are entitled to show cause
3' notice and proper hearing before any final decision is taken by the petitionersto rejecttheir candidatures.
In the light of above, we do not find any merit in the present Writ
Petitions and the same alongwith all the pending applications are accordingly dismissed.
We accordingly,uphold the orders passed bythe learned Tribunal and direct the petitioners to comply with the direction given by the learned
Tribunal.
KAILASH GAMBHIR,J MAY 22,2015/nn LS.
JUDGMENT