Central Administrative Tribunal - Delhi
Babu Lal Meena vs C.P.W.D on 23 January, 2014
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH: NEW DELHI OA NO.302/2012 & OA NO.376/2012 NEW DELHI THIS THE 23RD DAY OF JANUARY, 2014 HONBLE MR. ASHOK KUMAR, MEMBER (A) HONBLE MR. RAJ VIR SHARMA, MEMBER (J) OA NO.302/2012 1. Babu Lal Meena, S/o Sh. Rang Lal Meena, R/o VPO Karauri, Tehsil Sikrai, Distt. Dausa, Rajasthan. 2. Mohan Lal, S/o Sh. Dhansi Ram Meena, R/o Vill. Khera Paharpur, P.O. Thikariya, Tehsil Sikrai, Distt. Dausa, Rajasthan. 3. Ram Niwas, S/o Sh. Nanag Ram Meena, R/o VPO Karauri, Tehsil Sikrai, Distt. Dausa, Rajasthan. 4. Jal Singh Meena, S/o Sh. Nathya Ram, R/o VPO Palan Hera, Tehsil Mahua, Distt. Dausa, Rajasthan. 5. Om Prakash Meena, S/o Sh. Mool Chand Meena, R/o VPO Karauri, Tehsil Sikrai, Distt. Dausa, Rajasthan. 6. Dinesh Chander Meena, S/o Sh. Hari Kishan Meena, R/o Vill. Garhi Sarbangram, Tehsil Rajgarh, Distt. Alwar, Rajasthan. Applicants (By Advocate: Mr. T.N. Tripathi) VERSUS 1. C.P.W.D. Through its Superintending Engineer, Block-1, Level-7, R.K. Puram, New Delhi-110066. 2. The Executing Engineer, PWD, Room No.B-409, Indraprastha Bhawan, Indraprastha Estate (ITO), New Delhi. 3. The Assistant Engineer C.P.W.D. IInd Floor Kendriya Sadan, Sector 9-A Chandigarh. 4. Sh. Kedar Prasad Meena, S/o Sh. Ram Sahai Meena, R/o VPO Pilodi, Tehsil Sikrai, Distt. Dausa, Rajasthan. 5. Sh. Bhajan Lal Meena, S/o Sh. Jagan Lal Meena, R/o VPO Nandri, Tehsil Sikrai, Distt. Dausa, Rajasthan. 6. Sh. Man Singh Meena, S/o Sh. Nathauli Ram Meena, R/o VPO Pilodi, Tehsil Sikrai, Distt. Dausa, Rajasthan. Respondents (By Advocate: Mr. K.R. Sechdeva) OA NO.376/2012 1. Kamal Chand Meena Bhuj Pal Meena, MU & POST OFFICE BHIKHA HEDA (KALA) VIA GARHI SAWAI RAM, DISTRICT ALWAR RAJASTHAN 301413. 2. Sodan Meena S/o GANGA SAHAI MEENA R/o BHUCHPURI, PO BOX SHAHLOOLILY TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN 3014087. 3. LEHRI RAM MEENA R/O VILLAGE KHOHARA, MAKZODA POST OFFICE BAIRER TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN 3014087. 4. LATOOR MAL MEENA S/O SH. SHIYA RAM MEENA R/O KHODA NAKABAS, POST OFFICE KILPUR KHEDA POST OFFICE BAIRER TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN 3014087. 5. PAPPU RAM MEENA S/O RAM JI LAL MEENA R/O KHORA CHOHAN, POST OFFICE BARIER TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN 3014087. 6. GANGA RAM MEENA S/O KISHAN LAL MEENA R/O KILPUR KHEDA TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN 3014087. 7. RAM PRASAD MEENA S/O GOVIND RAM MEENA VILLAGE HATOJ KA BAAS POST OFFICE DERA, TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN 3014087. 8. SHIV LAL MEENA VILLAGE AND POST OFFICE BAIRER, TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN 3014087. 9. VISHNU SAHAI MEENA S/O SH. MOTI LAL MEENA VILLAGE AND POST OFFICE BAIRER, TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN 3014087. 10. MURARI LAL MEENA S/O RAM KARAN MEENA ESHWANA, P.O. BABELI TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN 3014087. 11. JAL DHARI MEENA MOLLA RAM MEENA ESHWANA, P.O. BABELI TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN 3014087. 12. BHAGWAN SAHAI MEENA S/O BADRI RAM MEENA VILLAGE AND POST OFFICE BHULERI VIA REINI TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN 3014087. 13. RAM SWAROOP MEENA S/O SHREE CHAND MEENA VILLAGE AND POST OFFICE BHULERI TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN 3014087. 14. HARBHAJAN MEENA S/O SH. PRABHATI LAL MEENA VILLAGE AND POST OFFICE PARAGPURA TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN 3014087. 15. GHAMANDI LA MEENA VILLAGE JAISINGH PURA POST OFFICE KARANPURA TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN 3014087. 16. CHOTE LAL MEENA S/O KANHIYA LAL MEENA VILLAGE MUKUNDPURA, POST OFFICE DERA, VIA REINI TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN 3014087. 17. JAGDISH PRASAD MEENA S/O NARAYAN MEENA VILLAGE KHARI KE JHUPDI POST HINGORA TEHSIL BASWA, DISTRICT DAUSA RAJASTHAN 303325. 18. VIJENDER KUMAR MEENA S/O HAZARI LAL MEENA VILLAGE AND POST OFFICE PRAGPURA TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN. 19. KANHIYA LAL MEENA SHRI RAM MEENA VILLAGE AND POST OFFICE ALIPUR, VIA BABAAI TEHSIL BASWA, DISTRICT DAUSA RAJASTHAN 30325. 20. GHAN SHAYM MEENA VILLAGE AND POST OFFICE JEETPUR VIA GARI SAWAI RAM DISTRICT ALWAR RAJASTHAN, 301413. 21. SIYA RAM MEENA S/O KANYA LAL MEENA VILLAGE AND POST OFFICE JAITPUR KATHUMAR, DISTRICT ALWAR RAJASTHAN, 301413. 22. KELASH CHAND MEENA S/O RAM KISHORE MEENA MOH & POST OFFICE ALIPUR TEHSIL BASWA, DISTRICT DAUSA RAJASTHAN 303325. 23. RAM KISHORE MEENA S/O SH. DHARAM PAL MEENA R/O VILLAGE AND POST OFFICE PUNDARPADDA DHANI GANDROLY AVIA AHAUPUR TEHSIL BASWA, DISTRICT DAUSA RAJASTHAN. 24. RAMESH CHAND MEENA S/O HAZARI LAL MEENA R/O VILLAGE AND POST PRAGPURA VIA REINI, TEHSIL RAJGARH DISTRICT ALWAR, RAJASTHAN. 25. KALLU RAM MEENA S/O SUGARIV MEENA VILLAGE AND POST OFFICE BALAHEDA TEHSIL BAWAM VIA BIWAI DISTRICT DAUSA RAJASTHAN-303315. 26. MAAN SINGH MEENA S/O BADRI PRASAD MEENA VILLAGE PALI, POST OFFICE BAHDKO LALAN TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN 301413. 27. BABU LAL MEENA S/O KAILASH CHAND MEENA B-188, PREM NAGAR ii NEAR RAILWAY LINE, NANGLOI NEW DELHI-110041. 28. BACCHU RAM MEENA S/O CHANGA RAM MEENA VILLAGE PALI, POST OFFICE BEHDKI KALAN TEHSIL RAJGARH, DISTRICT ALWAR, RAJASTHAN-301314. 29. RAM JI LAL MEENA S/O SH. KANHIYA LAL MEENA UKERI, POST OFFICE BHOODA TEHSIL RAJGARH, DISTRICT ALWAR, RAJASTHAN-301409. 30. SHRI RAM MEENA S/O SH MOOLCHAND MEENA UKERI, VIA REINI TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN 301409. 31. RAM KRIPAL MEENA S/O SH. KANHIYA LAL MEENA VILLAGE PATARK KHADA POST OFFICE MUKHADA TEHSIL BASWA, DISTRICT DOUSA RAJASTHAN 303315. 32. BANWARI LAL MEENA S/O SH. RAMESHWAR DAYAL QUARTER NO.311, SECTOR 12 R.K. PURAM, NEW DELHI 110022. 33. BHEEKHA RAM MEENA S/O SH. BHAJNI RAM MEENA VILLAGE PALI, POST OFFICE BHADKOKALAN, TEHSIL RAJGARH, DISTRICT ALWAR, RAJASTHAN 301314. 34. RAM KRIPAL MEENA S/O SH. RAM JEEWAN MEENA R/O KILPUR KHEDA, VIA REINI TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN 301409. 35. RAM BABU MEENA S/O MANNI RAM MEENA VILLAGE ACHAMADPUR, POST OFFICE KILPUR, KHEDA PANCHAYAT SAMITI REINI, TEHSIL RAJGARH, RAJASTHAN 301409. 36. AMAR SINGH MEENA S/O RAM KISHAN MEENA VILLAGE AND POST OFFICE KILPUR, KHEDA, VIA REINI, TEHSIL RAJGARH, RAJASTHAN 301409. 37. RAM NIWAS MEENA VILLAGE KHARIN KI JHOPDI POST OFFICE HINGOTA TEHSIL BASWA, VIA BIWAEE DISTRICT DAUSA, RAJASTHAN 303315. 38. HAPPU RAM MEENA VILLAGE AND POST OFFICE BHIKHAHEDI VIA GADHI SAWAI RAM, DISTRICT ALWAR, RAJASTHAN 301413. 39. DHARAM CHAND MEENA S/O SH. OMKAR MEENA VILLAGE AND POST OFFICE HINGOTA TEHSIL BASWA, DISTRICT DAUSA, RAJASTHAN 303315. 40. PRAHALAD MEENA S/O POLYA RAM MEENA VILLAGE AND POST OFFICE RAMPURA (KARANPURA) VIA REINI, TEHSIL RAJGARH, DISTRICT ALWAR RAJASTHAN. 41. RAM JEEWAN MEENA VILLAGE MANYA KA WAAS, POST OFFICE RONIJAYAN DISTRICT KATHUMAR, DISTRICT ALWAR, RAJASTHAN 301035. 42. SEETA RAM MEENA VILLAGE MANYA KA WAAS, POST OFFICE RONIJAYAN DISTRICT KATHUMAR, DISTRICT ALWAR RAJASTHAN 301035. 43. HARI KISHAN MEENA VILLAGE MANYA KA WAAS, POST OFFICE RONIJAYAN DISTRICT KATHUMAR, DISTRICT ALWAR, RAJASTHAN 301035. 44. BHAROSI RAM MEENA VILLAGE MANYA KA WAAS, POST OFFICE RONIJAYAN DISTRICT KATHUMAR, DISTRICT ALWAR RAJASTHAN 301035. 45. RAM PRASAD MEENA VILLAGE JHALATALA, POST OFFICE JHALATALA TEHSIL LAXMANGARH, DISTRICT ALWAR RAJASTHAN 301413. 46. SHRAWAN KUMAR MEENA VILLAGE KATHERA, POST OFFICE KHEDA-KALYANPUR TEHSIL KATHUMAR, DISTRICT ALWAR, RAJASTHAN 301035. 47. SHAMBHU DAYAL MEENA VILLAGE KATHERA, POST OFFICE KHEDA-KALYANPUR TEHSIL KATHUMAR, DISTRICT ALWAR, RAJASTHAN 301035. 48. SHIV DAYAL MEENA VILLAGE KATHERA, POST OFFICE KHEDA-KALYANPUR TEHSIL KATHUMAR, DISTRICT ALWAR, RAJASTHAN 301035. 49. SHREE RAM MEENA S/O BHURYA RAM MEENA VILLAGE AND POST OFFICE BHIVAHEDI TEHSIL LAKHAN GRAN DISTRICT ALWAR RAJASTHAN. 50. KARAN SINGH MEENA S/O KUMBHA LAL MEENA VILLAGE KOT WALO KE BAS POST OFFICE GUDHA AASHIK PURA, TEHSIL BESWA DISTRICT DAUSA, RAJASTHAN 303315. 51. KAMAL SINGH MEENA S/O KUMMA RAM MEENA VILLAGE KOT WALO KE BAS POST OFFICE GUDHA AASHIK PURA, TEHSIL BESWA DISTRICT DAUSA, RAJASTHAN 303315. 52. SHIV RAM MEENA S/O GANGA SAHAY MEENA VILLAGE ROOPWAS, POST OFFICE RALWATA TEHSIL BASWA, DISTRICT DOUSA VIA BANDKUI RAJASTHAN 303313. 53. KHEM RAJ MEENA S/O HAR SAHAI MEENA VILLAGE AND POST OFFICE SUDHARU PARA TEHSIL BASWA DISTRICT DAUSA, RAJASTHAN. 54. INDRAJ MEENA S/O HARETI RAM MEENA VILLAGE ROOPWAS, POST OFFICE RALWATA TEHSIL BASWA, DISTRICT DOUSA VIA BANDKUI RAJASTHAN 303313. 55. LAXMI NARAYAN MEENA S/O SHYO CHAND MEENA VILLAGE JOPADA POST OFFICE THIKARIA VIA MANPUR TEHSIL SIKRAY, DISTRICT DOUSA, RAJASTHAN 303509. 56. HARI PRASAD MEENA S/O RAM HET MEENA MOHALLA AND POST OFFICE SALWADI VIA RONIJA, TEHSIL KATHUMAR DISTRICT ALWAR, RAJASTHAN 301035. 57. JAI PHOOL MEENA S/O SH. PRASAD RAM MEENA VILLAGE AEDALPUR, POST OFFICE BADAVAD TEHSIL MADHUA, DISTRICT DOUSA RAJASTHAN 321609. 58. RAMOTAR MEENA S/O HAR RAM MEENA VILLAGE KHOHRA CHOUHAN POST OFFICE KHOHRA, TEHSIL KATHUMAR, DISTRICT ALWAR, VIA REINI, RAJASTHAN. 59. MOHAN LAL MEENA VILLAGE BAS VIVAI, POST OFFICE BIVAI TEHSIL BASWA, DISTRICT DAUSA RAJASTHAN 303315. 60. BHAGWAN SAHAI MEENA S/O SH. RAM KARAN MEENA VILLAGE GHORALA, POST OFFICE SOLOLIE TEHSIL RAJGARH, DISTRICT ALWAR, RAJASTHAN 3014087. 61. BHAGWAN SAHAI MEENA S/O RANG LAL MEENA R/O VILLAGE AND POST OFFICE BHULERI TEHSIL RAJGARH, ALWAR, RAJASTHAN. 62. SHIV DAYAL MEENA S/O RAM KUWAR MEENA R/O KATHED MOH & P.O. KHEDA KELYANPUR, TEHSIL KATHUMAR DISTRICT ALWAR, RAJASTHAN. 63. SHAMBHU DAYAL MEENA S/O SH. GANGA RAM MEENA R/O KATHIADA PO KHEDA KELYANPUR, TEHSIL KATHUMAR DISTRICT ALWAR, RAJASTHAN. 64. RAMESHWAR DAYAL MEENA C/O KAMAL CHAND MEENA S/O BHUJ PAL MEENA MU & POST OFFICE BHIKHA, HEDA (KALA) VIA GARHI SAWAI RAM, DISTRICT ALWAR, RAJASTHAN 301413. 65. PREM RAJ MEENA C/O KAMAL CHAND MEENA S/O BHUJ PAL MEENA MU & POST OFFICE BHIKHA HEDA (KALA) VIA GARHI SAWAI RAM, DISTRICT ALWAR RAJASTHAN 301413. VERSUS 1. CPWD THROUGH ITS SUPERINTENDING ENGINEER (E) COORDINATION CIRCLE (ELECTRICAL) CPWD EAST BLOCK 1, LEVEL 7 R.K. PURAM, NEW DELHI-66 ALSO AT CHIEF ENGINEER CPWD. A-1 WING, ROOM NO.111 NIRMAN BHAWAN, NEW DELHI. 2. DURGA PRASAD MEENA S/O MATHURA LAL MEENA VILLAGE BUJENT, TEHSIL SIKROI, DISTRICT DAUSA RAJASTHAN. 3. RADHEY SHAM MEENA, BODEN LAL MEENA, VILLAGE MALAWALI, POST OFFICE KHORRA, TEHSIL LASBHANGARH, DISTRICT ALWAR, RAJASTHAN. 4. JAGDISH PRASAD MEENA S/O MUDIYA RAM MEENA VILLAGE AND POST OFFICE ROKY, TEHSIL NADOTI, DISTRICT KAROLI, RAJASTHAN. 5. ASHOK KUMAR MEENA S/O PRAREY LAL MEENA VILLAGE AND POST OFFICE ROKY CHOTA PURA, TEHSIL NADOTI, DISTRICT KAROLI, RAJASTHAN. 6. SH. INDER SAHAI MEENA S/O SH. DEVI SAHAI MEENA VILLAGE KATHERA, POST OFFICE KHEDA KIYANPUR, VIA RONIJA THAN, TEHSIL KATHUMAR, DISTRICT ALWAR RAJASTHAN. 7. RAM SINGH MEENA, S/O SH. SAVAL RAM MEENA, R/O KOTAWALO KA BAANS, POST OFFICE GUDA AAMIKPURA TEHSIL WABHWA VIA BANDIKUIN, DISTRICT DAUSA RAJASTHAN. Respondents (By Advocate: Mr. K.R. Sachdeva) ORDER (ORAL) MR. ASHOK KUMAR, MEMBER (A):
OA No.302/2012 and OA No.376/2012 have been heard together because the cause of action and the relief sought in these OAs are identical. Common orders are, therefore, being passed in both these OAs.
2. Both OAs are concerned with the allegations that wrong appointments have been made on the basis of misleading facts and the respondents have not bothered to verify the facts but have acted upon affidavit etc. that have been produced in both the OAs. The applicants state that they have been deprived of being selected for the post because of the aforenoted facts. Serious allegations have been made as appears from the OAs, especially from the copy of one of the representations filed in OA No.376/2012 regarding false affidavit in support of age, non-production/concealment of educational qualification, in the case of own brothers yet age difference being only of four days and such others facts. In OA No.302/2012 also, the allegations have been leveled.
3. The following reliefs have been sought in these two OAs:-
a) Call for the entire selection process adopted by the respondents for the post of Beldar, Khalasi, Safai Karamchari etc. under Special Recruitment Dribs-2006 to full-up the backlog vacancies of ST candidates.
b) Cancel the selection of the respondent No.3 and 4 and some other candidates, who are given selection on the basis of false affidavit list for the post of Beldar, Khalasi, Safai Karamchari etc. under Special Recruitment Dribs-2006 to full-up the backlog vacancies of ST candidates and direct the respondents to initiate the selection process of fresh for the aforesaid posts.
c) Any other order (s) / direction (s) which this Honble Tribunal may deem fit be also passed in favour of the applicant and against the respondents.
4. Learned counsel for the respondents points out that these OAs are not in proper format and that some of the persons, who would be affected by any adverse order in these OAs, have not been impleaded as parties and, therefore, the OAs suffer from non-joinder of necessary parties.
5. We have heard learned counsel Mr. T.N. Tripathi appearing on behalf of the applicant and learned counsel Mr. K.R. Sachdeva appearing on behalf of respondents.
6. Without going into the issue of non-joinder of parties and the format of the OAs, we observe that serious allegations have been leveled about the process of selection and appointments. It is expected that in any process of selection or appointment made by the Government, the process should be completely transparent. Moreover, objective considerations being inherent to such process of selection, it would be necessary that the consideration in each case should be based on genuine documents, especially in cases such as of determination of age and minimum qualifications. We are not making any observation in such matters because it is not for us to verify the documents, inquire into the matter, and arrive to the conclusion whether the allegations leveled are correct or incorrect. Nevertheless, it is noticed that the allegations being serious in nature, it would be necessary that the allegations are looked into appropriately by the respondents.
7. Counsel for both the parties agree that the matter can be inquired for any review of the decision taken, if such review is required based on the findings in the inquiry. While in OA No.376/2012 we find that representation has been made by the applicant, in OA No.302/2012 no representation has been made.
8. In the circumstances, we consider it necessary to direct the respondents with the consent of both parties, that these OAs be forwarded to the respondents to be treated as a representation. The Vigilance Division of the respondents organization would cause inquiry into the matter based on the facts stated in these OAs on the allegations of malpractice, false information in the documents filed for selection for appointment. It would also be necessary to undertake verification of records wherever necessary. The Inquiry Officer shall also offer due opportunity to the applicants in both these OAs for a personal hearing, if necessary and shall consider such documents as would be put forth by the applicants in these OAs in support of their contentions and only thereafter should the inquiry report be made final. Thereafter, the inquiry report would be submitted to the competent authority. Based on the inquiry report respondents shall pass a reasoned and speaking order and duly communicate the same. This entire exercise should be completed within a period of three months from the date of receipt of a copy of this order.
9. It is expected that the competent authority in the respondents-organization after passing the above mentioned order based on the inquiry report, shall take necessary consequential action, if any, emanating from their decision within a further period of 8 weeks in consonance with the rules and instructions on the subject.
10. Both OAs are disposed of with aforenoted directions, with the consent of both parties. Copies of both OAs be forwarded to Respondent No.1 with a copy of this order for necessary compliance.
(Raj Vir Sharma) (Ashok Kumar) Member (J) Member (A) /jk/