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19. It is submitted by the respondents that after recruitment of candidates for the appropriate posts, GREF Centre (Recruiting Centre), verifies the genuineness of the certificates produced by the candidates. Accordingly, the experience certificate was verified by GREF Centre from District Health Officer, Health Deptt. Zilla Parishad, Slapur (Appropriate authority appointed by the Govt.). The District Health Officer, Health Deptt. Zilla Parishad Solapur has intimated vide letter No. ZPS/Health/PUB/196/09 dated 09 July 2009, that their office has not countersigned or issued the said certificate to petitioner No. 1.

20. Counsel for the respondents has submitted that HQ. DGBR has intimated the facts mentioned in Para supra immediately to HQ. CE(P) Beacon vide letter No.12456/VER/DGBR/381/EG2 dated 18thAugust 2009, with the instruction to take necessary action against petitioner No. 1 under the provisions of Rule5 of CCS (Temporary Service) Rules, 1965 and also forwarded copies of:-

a) GREF Centre letter No. 1460/Advt 012008/Gen/01/E1R dt 14 Jul 2009
b) GREF Centre letter No. 1460/Advt 01-2008/Gen/26/E1R dt 27 Jul 2009

28. In the year 2008, the respondents issued an Advertisement Notice No.01 of 2008 for the post of Nursing Assistant in the year 2008 and the selection process was carried in GREF Centre in Dighi Camp Pune. After participating in the process of selection, petitioner got appointed as Nursing Assistant vide order dated 24.2.2009 and his experience certificate was sent to District Health Officer, Salapur, Maharashtra vide communication dated 09.7.2009. Thereafter, an information was received by the GREF Center Pune that the certificate has not been counter signed nor stamped by the District Health Officer, as a result thereof, by invoking the power under Rule 5 (1) of the CCS (Temporary Service) Rules, 1965, the service of the petitioner has been terminated by giving one months' notice which was served upon the petitioner on 25.09.2009. Petitioner immediately filed a representation along-with experience certificate, which was again countersigned by the District Health Officer, Salapur, Maharashtra. This representation and the experience certificate was forwarded to the Director General, Border Roads, the higher authority of the Beacons which directed that petitioner should not be discharged and accordingly, the Commanding Officer by virtue of which the petitioner was discharged his duties, issued an order dated. 24.10.2009 and the order of termination dated 22.9.2009 was withdrawn and the matter was directed to be verified and investigation set into motion regarding the experience certificate of the petitioner. The communications were, accordingly, addressed to the District Health Officer who after verifying confirmed that the certificate produced by the petitioner was valid. The Commanding Officer on 15.2.2010 issued communication to the Chief Engineer that as the experience certificate of the petitioner was valid and for over the last six months the GREF records have not tendered any information or advice and there was no reply from the office of the Chief Engineer and when the question of probation arose, it was advised that the probation period be extended.

SUBMISSIONS ON BEHALF OF PETITONER

30. Learned counsel for the petitioner submits that he responded to advertisement notice No. I of 2008 for the post of Nursing Assistant After participating in the process of selection, the petitioner got appointment as Nursing Assistant on 24.02.2009. Petitioner further submits that along-with the application he has also filed the experience certificate. A communication was addressed to Director General Boarder Roads, that the experience certificate produced by the petitioner was forged. Thereafter, the Director General, Border Roads GREF Center Pune directed to forward the copies of verification of experience certificate of the candidates, who were appointed as Nursing Assistants to all the Projects, so that necessary action is taken in pursuance of Rule 5 of Central Civil Service (Temporary Service) Rules, 1965. On 09.07.2009, the GREF Centre, Dighi Camp Pune received the verification of the petitioner's certificate in which it was mentioned that District Health Officer, Zilla Parishad, Solapur has not signed the same. This communication was received by the GREF Centre Dighi Camp, Pune. The Commanding Officer 760, BRTF GREF after receiving this information on 22.9.2009 issued a notice of termination under Rule 5 (1) of Central Civil Service (Temporary Service) Rules, 1965, which was received by the petitioner on 25.09.2009.