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W.P.(C) 4321/2015 ofhearm^andorder 01.05.2015
MANOJ KUMAR Petitioner
Through Mr. Arun Bhardwaj, Adv.
Respondents
Through Ms. Anjana Gosain, Mr. Arjun Pant, Mr. Sanjeev Sabharwal & Ms. Sonia Arora, Adv.
HON'BLE MR. JUSTICE I.S.MEHTA
KAILASH GAMBHIR. J. (OPA T)
CM No. 7834/2015 in WPfC^ No.4321/2015 Exemption granted subject to all just exceptions.
Applications stand disposed of.
WP(C) No.4321/2niS
ORDER
1. For orders, please see W.P.(C) 4320/2015, titled as Vijesh Kumar vs. ChiefSecretary, Govt. ofNCTofDelhi &Ors., decided on 01.05.2015 A KAILASH GAMBHIR, J may 01,2015 -aj/v W.p. (C) No. 4320/2015, 4321/2015, 4336/2015, 4337/2015, 4348/2015 2015:DHC:10977-DB n[1] ••1)' /6, 27, jo, 3j. * IN TBK HICH COURT OF DELHI AT' NEW DELHI Pa^e ofhearing and order: 01.05,2015 -I- W.P.(C) 4320/2015 VIJESH KUMAR Petitioner Through Mr. Arun Bhardwaj, Adv.
VERSUS
CI ilEl' SECRETARY, GOVT. Oi' NCT OF DELHI & ORS Through Ms. Anjana Gosain, Mi*. Arjun Pant, y\rora, Adv. I W.P.(C) 4321/2015 MANOJ KUMAR Petitioner Through Mi\ Arun BhardM'aJ, Adv.
VERSUS
CEllEh' SECRETARY, GOVT. Ol- NCT OF DELFII &ORS Tlumigh Ms. Anjana Gosain, Mr. Arjun Pant, Aj'ora, y\dv. -I- W.P.(C) 4330/2015 •NAVEIsN KLMAR Fhi-ough Mr. Aitui Bhardwaj, Adv.
VERSUS
CHIEF SECRETARY, GOVT.
OF NCT OF DELHI &ORS, Respondents Ihrough Ms. Anjana Gosain, Mr. Aijun Pant, Mr. Sanjeev Sabharwal &Ms. Sonia W.P.(C) No. 4320/2015, 4321/2015, 4336/2015,4337/2015,/I348/2015 Page iof? '3 + W.P.(C) 4337/2015 ASHOK KUMAR Thi^ougli Mr. A]-un Bhardwaj, Adv.
VERSUS
CHIEF SECRJilARY, GOV7\ OF NCT OF DELHI &ORS llirough Ms. Anjana Gosaiii, Mi*. Arjun Pant, jMr.- Sanjeev. Sabharvval & Ms. Sonia + W.P.(C) 4348/2015 DINESH Km4AR ThrougliMr. Arun Bhardwaj, Adv.
VERSUS
JUSTICE ICAILASH GAMBHIR HON'BLE MR.
JUSTICE I.S.MEHTA ORDER % MILASH GAMBHIR. J. (Ol^ AT.) No. 7833/2015 in WPCC) Nn.4320/201^ CM No. 7834/20L[5] mWPfC) Nn.4321/2015; CM No. 7853/2035 in WPCCl No.4336/201 CM No. 7854/2015 in WPfC) CM No. 7870/2015 mWPrC^ No.4i4«/?af^ W.P.(C) No. 4320/2015, 4321/2015,4336/2015,4337/2015, 43^^8/2015 Page 2 of? Exemption granted subject to all just exceptions. Applications stand disposed of. WP(C) No.432»/201^ WP(C) No.4321/2015 WF(C) No„4336/2fl15 WP(C) No.4337/2r^1S WP(C) No„4348/2ni^
1. By a common order dated 07.07.2014, the learned Central Administrative Tribunal; Principal Bench, New Delhi (hereinafter referred to a. the -learned Tribunal) has dismissed abatch ofOriginal Applications (in short -OA') preferred by the applicants who were selected to be appomted to- the post of Fire Operators in Delhi Fire Service (in short DFS) but their services were terminated under Sub- rule (I) of Rule 5of the Central Civil Services (Temporary Service) Rules, 1965 (in short VCS Rules') after their driving licences were found to be forged on verification from the Licensing Authority.,
2. By this order, we propose to dispose of the present batch of Writ Petitions preferred by the petitioners who were the applicants before the learned Tribunal and are aggrieved by the common order dated 07.07.2014 by some other petitioners before this Court and by order dated 21.04.2015 passed by this Court in W.P.(C) No. 6358/2014 with other connected Writ Petitions and order dated 30 04.2015 in W.P.(C) 3633/2015 with other connected Writ Petitions. The Writ Petitions were dismissed as withdrawn with the liberty to challenge the order dated 15.11.2010 passed by the Regional Transport Authority, Agra.
3. Mr. Arun Bhardwaj, the learned counsel for the petitioners, on instructions, does not wish to follow the trodden path of seeidng withdrawal of the present Writ Petitions with the same liberty as was granted to the other petitioners. The learned counsel emphatically submits that the petitioners have a veiy good case on its merits.
4. Addressing arguments, the learned counsel submits that sthe petitioners were not in possession offake licenses as in fact the official who had issued the receipt had issued areceipt of Rs.600/- collectively for ten pelsons instead oftaking an individual license fee at the rate ofRs.60/- Ajiother contention raised by the learned counsel for the petitioner is that the hccDse could be termed as "fake" only when the authority says that they had not issued the license. The learned counsel further contends that the two grounds which have been given by the licensing authority to temi the said W.p. (C) No. 4320/2015, 4321/2015, 4336/2015, 4337/2015, 4348/2015 Page 4 of? licenses as fake are that the address ofthe petitioners was incomplete and that individual receipts were not given, which at best could have.been termed as a violation of the procedure envisaged in 9(2) of the Motor ^ Vehicle Act, 1988 and in any case the same could not have been termed as ' "fake". The learned counsel further submits that the Transport Authority was not a party before the Ld. Tribunal and (herefore also no credence could be given to the stand taken bythe respondents.
5. We have heard the learned counsel for the petitioners.
6. These petitioners were seeking appointment to the post of Fire Operators in the r3FS. To seek appointment to the said post, it was pre requisite for these petitioners to have a MJVIV driving licence. As per these petitioners, they had obtained their driving licences from the Regional Transport OtTicei", Agra and when verification ofthese licenses was carried out by the Office ofthe Regional Transport Officer, Agra, vide order letter dated 15.11.2010 they reported that all the 81 driving licences which were issued in favour ofall these candidates seeking appointment to the post of Fire Operator were fake and forged. Prior to this, there were some conti-adictory reports given by the Office of Transport Authority, Agra but Transport Officer, Agra found all these driving licences to be forged. The Transport Authority could also unearth the main man behind this fraud who being one oftheir employee, namely Sita Ram Verma. AFIR was registered against him and he was arrested and also placed under suspension. Before terminating the temporaiy services of all these petitioners, a Show Cause Notice was served upon them and it is an admitted case between the parties that these petitioners never raised any cliallenge to the said decision taken by the Transport Authority of terming their licences as forged. It was already stated above that it was pre-requisite foi' these petitioners to be in possession ot ITMV diiving licences and thei'c could be no compromise on this coiiditioji, as fhesc petitioners after their appointment v/ere to operate the Fire Brigade vehicles and any compromise in this regard could prove disastrous. It was imperative for these petitioners to possess proper driving hccnses. Fheirs is avery sensitiveJob;ind it is pertinent that only the ablest ofdiivers make their way into the services ofthe DFS and get appointed as Fire Operators. It was for the petitioners to have taken steps to challenge the decision of the Transport Authority, Agra before the Competent Court of law and having taken no steps in this I'cgard even after they were made aware of the said decision, by itselfspeaks volumes ofthe conduct ofthese W.P. (C)No. 4320/2015,^1321/2015,4336/2015,4337/2015,4348/2015 petitioners. We cannot be oblivious of the fact,that the Agra Transport Authority, Agra has ah^eady identified the main man behind this whole murky affair, i.e. one Sita Ram Verma against whojn a criminal case was registered and he was arrested andplaced undersuspension.
7. To a query raised by the Court to the learned counsel for the respondents fts to whether criminal eases have also been registered against all the holders of the said forged licences, the learned counsel apprises the Court that criminal cases have been registered against alfthese drivers.
8. Mr. Arun Bhardwaj disputes this fact. However, ifthis is not correct, an<.l no criminal cases have been registered against these drivers, then we direct the Police Station to investigale.the role of the holders of these licenses and after investigation proceed in accordance wilh law.
9. There is no merit m !he prescnl Writ Petitions and the same are hereby dismissed. / / i / '> • // II KAILASH GAMBHIR, J XS^MMPfCJ I T MAY0l,20r5/aj/v W.P. (C) No. 4320/2015, '1321/2015, '1336/2015, 4337/2015. 4348/2015 Page? of[7]