Union Of India vs Raghuwar Pal Singh

2. 17:14:10 TLT Reason: Briefly stated, the respondent was appointed to the post of Veterinary Compounder in the Department of Animal Husbandry 2 and Dairying by one H.S. Rathore, the then Agriculture Officer, Central Cattle Breeding Farms (CCBF), Suratgarh, who was purportedly authorised only to look after the current duties of the post of Director. The appointment was made in November 1999 on a provisional and temporary basis, pursuant to the advertisement published in the newspaper on 15.10.1999. However, by an office order dated 29th August, 2000 issued under the signature of Dr. M.N. Haque, Director, the services of respondent came to be terminated. The said order reads thus:

3. The respondent assailed the said order by filing Original Application No.206 of 2000 before the Central Administrative Tribunal, Jodhpur Bench at Jodhpur, inter alia, on the ground that the appointment was made by the Board of Officers after they had duly considered the matter and who were competent to issue offer of appointment to the respondent. Further, if there was any irregularity in the appointment process, that could have been enquired into by the department, but without taking recourse to any inquiry, the impugned termination order had been issued. Such action was violative of Article 311 (2) of the Constitution of India. According to the respondent, his appointment was made after following all the formalities by the department in a fair and transparent manner. He asserted that the department was therefore, estopped from terminating his services. Further, the impugned order is not a termination simpliciter but would cause prejudice to the respondent. It is a stigmatic order indicating that the appointment of the respondent was illegal, for which reason also, principles of natural justice ought to have been adhered to by the department. 4

4. The appellants resisted the said Original Application, by filing a detailed affidavit. According to the appellants, the respondent had not approached the Court with clean hands. In that, he has mentioned the numbers of the relevant documents, which pertain to some other case and not his order of appointment or termination. On merits, it was asserted by the appellants that the appointment of the respondent to the post of Veterinary Compounder was not as per the law. It was made by the then Director Incharge H.S. Rathore, Agriculture Officer and without approval of the competent authority. On the date of issuing the appointment letter, Shri H.S. Rathore had no authority to do so. It was asserted by the appellants that pursuant to advertisement dated 15.10.1999, appointment could be made only in conformity with the relevant Recruitment Rules, as amended from time to time, titled „Central Cattle Breeding Farm (Class III and IV Post) Recruitment Rules, 1969‟. In terms of the said Rules, an interview was required to be conducted by a Board comprising of three officers viz. Director of the Farm, Senior-most Technical Officer and one Government Officer of Central/State Government. However, the selection process and interview in the present case were conducted by the 5 Board unilaterally constituted by the said H.S. Rathore, consisting of seven members including himself, being Director Incharge. Further, he acted as the Chairman of the said Board. The Board consisted of the following members:

6. The Tribunal, after analysing the relevant contentions of both sides, opined that there was no infirmity in the termination order passed against the concerned applicant including the respondent herein. The Tribunal noted thus:

10. Being aggrieved, the appellants filed the present Special Leave Petition. This Court not only granted leave to appeal but also stayed the operation of the impugned judgment during the pendency of the appeal before this Court.

Hence, while following the judgment of Hon‟ble Supreme Court in D.K. Yadav‟s case (supra) and judgment of the Division Bench of this Court in the case of Bhupa Singh Vs. State of Rajasthan (supra), this writ petition is allowed. The impugned judgment dated 06.06.2002 passed by the Tribunal in Original Application No.206/2000 is set aside. The order dated 29.08.2000 (Annex.-4 to the original application), terminating the services of the petitioner, is quashed and set aside. Further, it is made clear that as a consequence of quashing termination order Annex. – 4, the petitioner will be entitled to all consequential benefits except back- wages and petitioner shall be reinstated in service forthwith. Respondents will, however, be at liberty to pass fresh order for terminating the services of the petitioner, in accordance with law, if valid and lawful grounds exist to show that petitioner has committed any illegality while seeking appointment.” The High Court thus opined that the termination order could be passed only after giving opportunity to the respondent and not otherwise.

12. It is also submitted that the High Court mainly recorded three aspects to interfere with the impugned office order. First, 6 (2007) 5 SCC 65 14 that the office order does not state that the Director Incharge was not competent to issue the appointment letter. Additionally, there is no tittle of indication in the said order that the appointing authority committed any illegality in making appointment. Second, the reason for termination of services of respondent was not made known to him by issuing a notice or by providing him an opportunity of hearing. Third, the Tribunal took extraneous facts into account to uphold the subject office order, by adverting to grounds not referred to therein. It is submitted that none of the above, dealt with the core reason noted in the subject office order - that the same was necessitated as an illegal appointment had been made by the then Director Incharge H.S. Rathore, Agriculture Officer and without prior approval of the competent authority. The appellant therefore, submits that the impugned decision of the High Court is manifestly wrong and deserves to be set aside and the order of the Tribunal ought to be restored, upholding the office order dated 29.08.2000.

15. Reverting to the subject office order, we are in agreement with the stand taken by the appellant that the same is a simpliciter termination and is no reflection on the conduct of the respondent. It merely explicates that his appointment was illegal having been made by the then Director Incharge H.S. Rathore, Agriculture Officer and without prior approval of the competent authority. No more and no less.

24. Further, the High Court could not have interfered with the subject office order solely on the ground that it was issued without affording an opportunity to the respondent. The other reason which had weighed with the High Court, in our opinion, will be of no avail to the fact situation of the present case. To wit, 24 the fact that the subject office order does not attribute any motives to the then Director Incharge, can be no basis to invalidate the same. In our opinion, the office order records just and tangible reason as to why the appointment of the respondent is illegal. Unless the core reason mentioned in the subject office order was found to be untenable, the High Court could not have concluded that the subject office order was vitiated merely because it was issued without notice or lack of opportunity to the respondent. Similarly, the fact that the Tribunal has taken note of other grounds urged by the parties (other than the reason noted in the subject office order), per se, cannot be the basis to invalidate the subject office order which is otherwise just and proper. The High Court could have ignored those other reasons/grounds taken into account by the Tribunal.

28. We have no hesitation in concluding that in the fact situation of the present case, giving opportunity of hearing to the respondent before issuance of the subject office order was not an 27 essential requirement and it would be an exercise in futility. For the view that we have taken, the exposition in D.K. Yadav (supra), which commended to the High Court, in our opinion, has no application to the fact situation of the present case concerning an appointment which is void ab initio and nullity.

29. Accordingly, we set aside the impugned judgment and order of the High Court and restore the judgment of the Central Administrative Tribunal dated 06.06.2002, dismissing the Original Application filed by the respondent.

30. The appeal succeeds in the above terms with no order as to costs.

.………………………….CJI.

March 13, 2018.