ups_00330 — Termination of service under the CCS (Temporary Service) Rules owing to failure to submit documents for mandatory purpose of verification of character and antecedent

Termination of service under the CCS (Temporary Service) Rules owing to failure to submit documents for mandatory purpose of verification of character and antecedent — The Applicant was terminated from their service under Rule 5 (1) of the CCS (Temporary Service) Rules, 1965 due to non-submission of documents for verification despite preparedness to do so. The grou... — Facts:The Applicant joined the post of Assistant Audit Officer on 26-4-2018 followed by issue of a provisional appointment Letter, dated 1-5-2018 with a direction to produce relevant documents for verifications and the Applicant accordingly submitted the documents. Due to certain misunderstandings with the Principal Accountant General, in the wake of some alleged wrong feedback from certain officers, a show cause Notice dated 2/5-11-2018 has been issued by Respondent No. 4 on the charges of the Applicant refusing to accept the endorsement Letter, dated 1-10-2018 issued by Administration Section for submission of original records which allegedly is a violation of Para. 3.1 (i),

(ii) and

(iii) of the CCS (Conduct Rules), 1964 (Conduct Rules in short hereinafter) punishable under CCS (Temporary Service) Rules, 1965. In response, the Applicant submitted that though he was prepared to submit documents the dealing hand declined to give the receipt of the same hence, the Applicant cannot give the same. Despite this, the service of the Applicant were terminated under Rule 5 (1) of the CCS (Temporary Service) Rules, 1965 by giving one month salary. The grounds adduced in the challenge are-

(a) the impugned order emanated from the appellate authority and not the Disciplinary Authority.

(b) major punishment of termination has been imposed for a minor misconduct of non-supply of documents for verification of credentials of the Applicant;

(c) The order is stigmatic in character;

(d) No opportunity was afforded to defend the case;

(e) the order is stigmatic; and The Respondents have filed the counter affidavit on the following grounds:

(i) The appointment made was only provisional and under the Temporary Service Rules. Rule 5 thereof provides for termination without adducing any reason.

(ii) The appointment was subject to mandatory verification of his character and antecedents in particular with regard to his period of study abroad which is mandatory. Accordingly, the matter was referred to the Intelligence Bureau for verification of his character and antecedents which required the requisite passport, etc. But the Applicant failed to give the Passport and the written consent for verification of his credentials and related documents inspite of having been given sufficient time of more than nine months. Therefore, his credentials could not be verified. Adopting the procedure for termination of services by issue of SCN and invoking Rule 5 of the T.S Rules, his services were terminated. As regards grant of opportunity, twice he was directed to produce the requisite documents and due to his non-feasance, a SCN was issued and since the documents were not made available, his services were terminated. No fault in is issue could be brought out. The key issue is in terminating the services of the Applicant, whether the prescribed procedure has been followed, including the competence of the authority which issued the SCN.