Central Administrative Tribunal - Jabalpur
Mohammad Unus vs Posts on 31 January, 2025
1 O.A.No. 201/00979/2021
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL,
JABALPUR BENCH
JABALPUR
Original Application No.201/00979/2021
Jabalpur, this Friday, the 31st day of January, 2025
HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE SMT MALLIKA ARYA, ADMINISTRATIVE MEMBER
Mohammad Unus, S/o Late Allauddin Kha, Age: 39 years, Occupation-
Housework, R/o : Gram - Baroli, Post:- Raghogarh, Tah: Dewas, Distt.
Dewas 455010 (M.P.)
-Applicant
(By Advocate - Shri R K Shukla)
Versus
1. Union of India, through: Secretary, Department of Posts, Ministry of
Communication & I.T., "Dak Bhavan" Sansad Marg, New Delhi
110001
2. Chief Post Master General, M.P. Circle, Dak Bhawan, Bhopal, M.P.
462001
3. Superintendent post Office "Indore Mufsil" Division, G.P.O.
Compound, Indore 452001
4. Inspector Post Office, Postal Sub. DN. Kannod, (Indore) 455020.
- Respondents
(By Advocate - Shri Dinesh Singh Chauhan)
Digitally signed by VISHAL KUSHWAH
VISHAL
DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT
MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya
Page 1 of 7
Pradesh, STREET=OM SHANTI CHOWK, Phone=
7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c6695755
55f, SERIALNUMBER=
8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b355c7
KUSHWAH
dc8, [email protected], CN=VISHAL KUSHWAH
Reason: I am the author of this document
Location:
Date: 2025.02.07 17:59:59+05'30'
Foxit PDF Reader Version: 2024.3.0
2 O.A.No. 201/00979/2021
Reserved
ORDER
By Mallika Arya, AM:
This Original Application has been filed by the applicant being aggrieved vide order dated 25.06.2019 (Annexure A/6) whereby the appointment of the applicant was cancelled.
2. Brief facts of the case of the applicant as projected in the Original Application are that the father of applicant died during his service tenure on 27/12/2016. The applicant being the son, submitted an application for compassionate appointment. On submission of the application, the Respondent No.2 directed to consider the case of the applicant to Respondent No.3 vide letter dated 09/10/2019 (Annexure A/1). Vide Letter No. A-390/Post/Raghogarh/19-20 Indore dated 18/10/2019 (Annexure A/2) Respondent No. 4 gave directions to the applicant for submitting the Character Certificate, Nationality Declaration, Health Certificate in two copies, and Self Declaration and Evidence Proforma in three copies. The applicant submitted the requisite documents i.e. declaration form dated 01/11/2019 and Attestation Form (Annexure A/3) to the Department. The applicant and his mother through letters dated 21/3/2020 (Annexure A/4) and dated 08/03/2020 (Annexure A/5) prayed before the Respondent No 4 for issuing the appointment order. The Respondent Number 4 informed vide letter dated 17-09-2020 (Annexure A/6) that the applicant had furnished false information in his attestation form and suppressed the material facts. Accordingly, his application for compassionate appointment was rejected. In response to that, the applicant submitted his representation to the Respondent No. 2, wherein he submitted that the criminal case was very old and trivial in nature. He Digitally signed by VISHAL KUSHWAH VISHAL DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Page 2 of 7 Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c6695755 55f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b355c7 KUSHWAH dc8, [email protected], CN=VISHAL KUSHWAH Reason: I am the author of this document Location:
Date: 2025.02.07 17:59:59+05'30' Foxit PDF Reader Version: 2024.3.0 3 O.A.No. 201/00979/2021 Reserved could not remember it at the time of filling the attestation form due to which in the Column No. 15(i) and Column No. 15(ii) of the Attestation Form (Annexure A/7) he furnished wrong information. The Court imposed a fine of Rupees 100/- under Section 147 of I.P.C. and fine of Rupees 500/- under Section 323/149 (Annexure A-8). The applicant submitted a Representation to the Respondent No. 2 against the cancellation of his appointment (Annexure A/9). The reason cited by the respondent regarding cancellation of his appointment was that a fine of Rupees 100/- under Section 147 of I.P.C. and fine of Rupees 500/- under Sections 323/149 of I.P.C. had been imposed upon the applicant in the year 2012.
3. The respondents have filed their reply wherein it has been submitted that the application of the applicant for compassionate appointment was cancelled because the applicant in his attestation form did not disclose that he was convicted by Court of Judicial Magistrate, First Class, Dewas, M.P. vide order dated 31-1-2012 in Criminal case no. 2498/2008. Appointment order was issued to the applicant but prior to his joining, the appointment order was terminated. The father of the applicant was working under the respondent department and died on 27-12-2016. After his death his Son i.e., present applicant applied on 11-12-2017 to respondent no. 4 for compassionate appointment and applicant was instructed to fill Attestation Form with mandatory information to be filed by applicant. In Column No. 15 (i) and (ii) applicant himself intentionally didn't mention that he was prosecuted and was also convicted by court. After consideration of the information furnished by the applicant in his attestation form, applicant was appointed on compassionate grounds Digitally signed by VISHAL KUSHWAH VISHAL DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Page 3 of 7 Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c6695755 55f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b355c7 KUSHWAH dc8, [email protected], CN=VISHAL KUSHWAH Reason: I am the author of this document Location:
Date: 2025.02.07 17:59:59+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A.No. 201/00979/2021 Reserved (Annexure A/1). After consideration of the Applicant's character verification report (Annexure R/1) it has been revealed that applicant was involved in a criminal case no. 2498/25-8-2008 in which he was convicted under Section 147, 323, 149 of Indian Penal Code (Annexure R/2). After perusing the character verification report, Show Cause notice dated 25-5- 2021 (Annexure R/3) was issued to applicant by Upsambhagiya Nirikashak (Dakghar), Karinod, which was duly received to him and same was replied to by Applicant vide reply dated 14-6-2021 (Annexure R/4) stating that since he did not understand English, therefore he got his Attestation Form filled from Sunny Jatav who was recently appointed on post of Gramin Dak Sevak, Shakha Dakpal at Patadi, B.O.. Sunny Jatav did not ask him for details regarding column no. 15 (i) & (ii). Copy of statement of Sunny Jatav is annexed as Annexure R/5. Therefore, the compassionate appointment was terminated vide Annexure A/1 and nothing illegal or against service jurisprudence has been done by the respondents. The conduct of applicant was wanting, as he deliberately suppressed the vital information regarding his conviction.
4. We have considered the matter and perused the pleadings annexed herewith the original application.
5. It is observed that applicant was involved in a criminal case no. 2498/25-8-2008 in which he was convicted under Section 147, 323, 149 of Indian Penal Code The requirement in the attestation form in Column No. 15 (i) and (ii) were mandatory in which the applicant did not mention that he was prosecuted and subsequently convicted by the Court.
Digitally signed by VISHAL KUSHWAHVISHAL DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Page 4 of 7 Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c6695755 55f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b355c7 KUSHWAH dc8, [email protected], CN=VISHAL KUSHWAH Reason: I am the author of this document Location:
Date: 2025.02.07 17:59:59+05'30' Foxit PDF Reader Version: 2024.3.0 5 O.A.No. 201/00979/2021 Reserved
6. We find that the case in which applicant was convicted took place in the year 2008 when the applicant was approx 26 years of age and penalty of fine of Rupees 100/- under Section 147 of I.P.C. and fine of Rupees 500/- under Sections 323/149 of I.P.C. had been imposed upon the applicant in the year 2012. Although the applicant is trying to make out a case that he did not remember the case details and he got the two columns wrongly filled by mistake in the attestation form.
7. It is observed that the applicant did not fill up these two columns intentionally. Reliance is placed on the judgment of the hon'ble Apex Court in Avatar Singh v. Union of India and Others, reported in (2016) 8 SCC 471, wherein para 38.4.1 and 38.4.2, the Apex Court has held as under:
"38.4.1. In a case trivial in nature in which conviction has been recorded, such as shouting slogans at young age or for a petty offence which if disclosed would not have rendered an incumbent unfit for post in question, the employer may, in its discretion, ignore such suppression of fact or false information by condoning the lapse.
38.4.2. Where conviction has been recorded in case which is not trivial in nature, employer may cancel candidature or terminate services of the employee."
8. The applicant has been convicted and a penalty of fine of Rupees 100/- under Section 147 of I.P.C. with a fine of Rupees 500/- under Sections 323/149 of I.P.C. has been imposed upon the applicant. It has been further held by the Court that in case the said penalty is not discharged by the applicant, then he would be given punishment of one month of simple imprisonment.
Digitally signed by VISHAL KUSHWAHVISHAL DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Page 5 of 7 Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c6695755 55f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b355c7 KUSHWAH dc8, [email protected], CN=VISHAL KUSHWAH Reason: I am the author of this document Location:
Date: 2025.02.07 17:59:59+05'30' Foxit PDF Reader Version: 2024.3.0 6 O.A.No. 201/00979/2021 Reserved
9. We observe that the conviction has been recorded against the applicant on the charges under the following three sections of I.P.C. which are as follows:
Section 147: Punishment for Rioting "Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."
Section 149 of The Indian Penal Code, 1860
149. Every member of unlawful assembly guilty of offence committed in prosecution of common object.--
"If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence."
Section 323: Punishment for voluntarily causing hurt "Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both."
10. Since conviction on the above charges has been recorded, the case cannot be termed as trivial in nature and therefore the employer can cancel the candidature or terminate the services in terms of the said judgment of the hon'ble Apex Court.
Digitally signed by VISHAL KUSHWAHVISHAL DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Page 6 of 7 Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c6695755 55f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b355c7 KUSHWAH dc8, [email protected], CN=VISHAL KUSHWAH Reason: I am the author of this document Location:
Date: 2025.02.07 17:59:59+05'30' Foxit PDF Reader Version: 2024.3.0 7 O.A.No. 201/00979/2021 Reserved
11. Reliance is further placed on the judgment of the Hon'ble Apex Court in the matter of Secy. Deptt of Home Secy., A.P. and Others vs B Chinnam Naidu, (2005) 2 SCC 746, wherein para 11 it has been held as under:
"The question whether he was a desirable person to be appointed in Government service was not the subject matter of adjudication and the Tribunal was not justified in recording any finding in that regard. Whether a person is fit to be appointed or not is a matter within the special domain of the Government. For denying somebody appointment after he is selected, though he has no right to be appointed, has to be governed by some statutory provisions...................."
12. Therefore, we find that the decision of the respondents in cancelling the appointment of the applicant on the ground of suppression of material facts is correct and the Original Application is hereby dismissed.
(MallikaArya) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
VK/-
Digitally signed by VISHAL KUSHWAH
VISHAL
DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Page 7 of 7 Pradesh, STREET=OM SHANTI CHOWK, Phone= 7c6535e7a21f88f8dc0b718c6812643d46355cb4b3a7486bd6ce7c6695755 55f, SERIALNUMBER= 8b197244829f65446df440324da4b80ca7c30232fa2e9cd020e87d4b355c7 KUSHWAH dc8, [email protected], CN=VISHAL KUSHWAH Reason: I am the author of this document Location:
Date: 2025.02.07 17:59:59+05'30' Foxit PDF Reader Version: 2024.3.0