Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM TUESDAY, THE 25TH DAY OF JUNE 2024 / 4TH ASHADHA, 1946 AGAINST THE JUDGMENT DATED IN OA NO.181 OF 2019 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH PETITIONER(S)/APPLICANT: MOHAMMED SALIH.M, AGED 37 YEARS S/O ATTAKOYAO.P MADAM HOUSE, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP., PIN - 682552 BY ADVS. R.ROHITH HARISHMA P. THAMPI RESPONDENT(S)/RESPONDENTS: 1 ADMINISTRATOR, LAKSHADWEEP ADMINISTRATION, KAVARATTI, UNION TERRITORY OF LAKSHADWEEP, PIN - 682555 2 SUPERINTENDENT OF POLICE, LAKSHADWEEP ADMINISTRATION, KAVARATTI, UNION TERRITORY OF LAKSHADWEEP, PIN - 682555 BY ADV SHRI.SAJITH KUMAR V., SC, LAKSHADWEEP ADMINISTRATION THIS OP (CAT) HAVING COME UP FOR HEARING ON 25.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Amit Rawal, J.
Present OP(CAT) is directed against the judgment of the Administrative Tribunal dated 25.7.2022 in OA No.181/00137/2019 whereby the claim of the petitioner has been rejected.
2. The facts, in brief, for adjudication of the controversy are
that pursuant to the notification dated 1.12013, respondent No.2 invited application for filling up the vacancies of Fire Man / Driving operator under Fire Protection and Control in Police Department. Fulfilling all the qualifications, application was submitted which was processed and permitted to participate in the selection process. In the final selection list, his name figured as 13 out of 33 members but was not offered appointment. On making reasonable enquiry, it was found that most of the persons included in the list were given appointment letter for training program and the petitioner was not issued with any appointment letter or notice and the denial was on the point that the respondent Nos.1 and 2 had received the report from the Lakshadeep Police that the petitioner was involved in a Crime case bearing No.4 of 2012 registered by Amini Police Station under Section 143, 147, 457, 427, 323, 506(a) r/w 149 IPC and 3(1) of PDPP Act. OA No.180/0067 of 2015 was preferred before the Central Administrative Tribunal for appropriate directions to permit the petitioner to participate in the training conducted by the 2 nd respondent. However the said OA was disposed of after recording the statement suffered by Lakshadweep Administrator that one post was kept reserved for awaiting the outcome of criminal case. Final report was filed and the case was assigned as CC No.6 of 2013 and
on closure of the trial, petitioner was acquitted vide judgment
(Annexure A7 before the Tribunal) dated 19.6.2017. The factum of the aforementioned judgment was brought to the notice of the department for offering the appointment but was denied. It is in that background, had to approach again CAT vide OA No.181/00137/2019. Respondents contested the aforementioned claim on the premise that the acquittal was not honourable. During the pendency of the aforementioned petition M.A bearing No.181/625 of 2021 was preferred by placing on record documents Ext.A12 and 13 to show that persons who were acquitted have been offered the appointment. Tribunal after examining the matter in detail dismissed the case.
3. Learned counsel appearing on behalf of the petitioner
submitted that the objection raised by the respondent that acquittal was not honourable would not be a ground for denying the appointment, for, acquittal is an acquittal either it may or may not be honourable, particularly, the fact that one post for the petitioner was kept reserved. The trial court acquitted the petitioner in the absence of any material on record indicating the antecedents or the conduct of the petitioner.
4. On the other hand, learned counsel for the respondent supported the findings by relying upon the stand take before the Tribunal.
5. We have heard the learned counsel for the parties and
appraised the paper book. Vide Ext.A12, a person who had shown as accused in a crime case bearing No.16 of 2005 had been issued appointment letter. A12 appointment letter is extracted herein below:
The Secretary (Home). Union Territory of lakshadweep is pleased to appoint the following candidates who have accepted the offer of appointment issued to them vide reference cited above as Constable (Executive) Group 'C' Non-Gazetted. Non Ministerial on regular basis in India Reserve Battalion, Lakshadweep, Daman & Diu and Dadra & Nagar Haveli, on level 3 in the Pay Matrix (Revised) the Pay Band of Rs. 5200-20200 plus Grade Pay of Rs. 2000/-(Pre-revised) with admissible allowance at Central Government rates issued from time to time and posted in the India Reserve Battalion, Lakshadweep. Daman & Din and Dadra & Nagar Haveli
SL.N Name and Address Remarks o 1 Shri. Arshad A. S/o Shri. Ref:-
Azees N C, Asummad Order
House. Amini Island, UT dated of Lakshadweep 26/10/20 18 vide Diary No. 2286. 2 xxxx xxxx 3 xxxx xxxx 4 xxxx xxxx The individuals will report for duty before the undersigned at IRBn HQ Kavaratti on 30.11.2018 at 11.00 hrs, failing which the
order will be treated as cancelled without further intimation.
They are further informed that the appointment is purely temporary and is liable to be terminated at any time without assigning any reason, especially when they are found unsuitable for government service. The appointment is further subjected to the conditions of the CCS (Temporary Service) Rules,1965. They will be on a probation for a period of two years from the date of their joining in the post or till the time basic training and all the mandatory attachments are completed, whichever is later. The seniority in the present grade will be according to the orders as per DoP1 guidelines and rules & regulation in force. No TA, DA will be paid for joining the post. This issue with the approval of Hon'ble Administrator, UT of Lakshadeep vide Diary No. 2291 dated 26.10.2018
6. Petitioner has concededly also been acquitted by the
judgment referred to above. The department cannot sit over the
judgment and form an opinion that the acquittal was not honourable,
particularly the fact that in a previous round of litigation had suffered a statement that one post shall be kept reserved. It is also a conceded position on record that a person junior to the posts in the rank / selection list has already been offered the appointment. The rank of the petitioner was much higher ie., at Sl.No.13 (thirteen). This fact has totally been ignored by the learned Tribunal. Thus the
order is not sustainable; hereby set aside. OP(CAT) is allowed.
Respondents are directed to issue appointment letter to the petitioner for the post they had kept reserved within a period of one month from the date of receipt of a certified copy of this judgment. Sd/- AMIT RAWAL JUDGE S d/- sab M.A.ABDUL HAKHIM JUDGE APPENDIX OF OP (CAT) 208/2023 PETITIONER ANNEXURES Annexure A10 A TRUE COPY OF THE ORDER NO. F.10/25/1996- AC (F)3050 DATED 21/09/2018 ISSUED BY THE 2ND RESPONDENT. Annexure A1 A TRUE COPY OF THE NOTIFICATION F.NO. BY THE 2ND RESPONDENT. Annexure A2 A TRUE COPY OF THE SELECT LIST BEARING NO. THE 2ND RESPONDENT. Annexure A3 A TRUE COPY OF THE FIR NO.4/12 REGISTERED BY THE AMINI POLICE Annexure A3(a) A TRUE COPY OF ENGLISH TRANSLATION OF ANNEXURE.A3 FIR. Annexure A4 A TRUE COPY OF THE APPOINTMENT ORDER NO. Annexure A5 A TRUE COPY OF THE ORDER NO. 1/9/2001- ESTT
(POL) DATED 25.03.2006
Annexure A6 A TRUE COPY OF THE ORDER DATED 7/7/2015 ISSUED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN O.A NO. Annexure A7 A TRUE COPY OF THE JUDGMENT DATED CHIEF JUDICIAL MAGISTRATE COURT AMINI. Annexure A8 A TRUE COPY OF THE REPRESENTATION DATED 28.03.2018 PREFERRED BY THE APPLICANT BEFORE THE 2ND RESPONDENT. Annexure A9 A TRUE COPY OF THE ORDER DATED 11/07/2018 IN O.A NO. 181/605/2018 PASSED BY THE HON'BLE ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. Annexure A11 A TRUE COPY OF THE REPRESENTATION DATED THE 1STRESPONDENT. Annexure A12 A TRUE COPY OF THE OFFICE ORDER IN FILE
NO.F.NO.2/7/2012 IRBN DATED 20.11.2018 IN WHICH SHRI ARSHAD.A IS APPOINTED AS CONSTABLE.(EXECUTIVE) IN IRBN.
Annexure A13 A CERTIFIED COPY OF THE JUDGMENT DATED 12.05.2006 IN C.C NO.16/2005 BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT AMINI Exhibit P1 A TRUE COPY OF THE O.A NO.181/00137/2019 ALONG WITH ANNEXURES FILED BY THE APPLICANT BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM Exhibit P2 A TRUE COPY OF THE REPLY STATEMENT DATED 31.07.2019 FILED BY THE RESPONDENTS Exhibit P3 A TRUE COPY OF THE M.A NO.181/625 OF 2021 IN O.A NO.181/00137/2019 DATED 22.09.2023 FILED BY THE PETITIONER. Exhibit P4 TRUE COPY OF THE ORDER DATED 25/07/2022 IN O.A. NO.181/00137/2019OF THE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH