Govt. Of N.C.T. Of Delhi And ORS. v. Surender

• $-2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4652/2015 GOVT. OF N.C.T. OF DELHI AND ORS.

Petitioners Through Mr. Gautam Gupta, Advocate versus RAJBNDER KUMAR Respondent ^ Through None.

$-13 + W.P.(C) 4640/2015 - GOVT. OF N.C.T. OF DELHI AND ORS.

Petitioners Through Mr. Gautam Gupta, Advocate versus KUMAR Respondent Through None.

$-14 ^ + W.P.(C) 4645/2015 GOVT. OF N.C.T. OF DELHI AND ORS.

Petitioners Through Mr. Gautam Gupta, Advocate V versus SANDEEP Respondent Through None.

By:AMULYA

$-15 + W.P.(C) 4648/2015 GOVT. OF N.C.T. OF DELHI AND ORS.

Petitioners Through Mr. Gautam Gupta, Advocate versus SURENDER Respondent Through None.

■^$-16 + W.P.(C) 4649/2015 GOVT. OF N.C.T. OF DELHI AND ORS.

Petitioners Through Mr. Gautam Gupta, Advocate versus BALRAM Respondent Through None

CORAM:

HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA

ORDER

% 22.05.2015 CM APPL. No. 8422/2015 (Exemptionl in W.P.fC) 4652/2015 CM APPL. No. 8406/2015 rExemption) in W.P.(C) 4640/2015 CM APPL. No. 8412/2015 YExemptionl in W.P.(C) 4645/2015 CM APPL. No. 8416/2015 (Exemption) in W.P.ICI 4648/2015 CM APPL. No. 8418/2015 (Exemption) in W.P.ICI 4649/2015 Exemption allowed subject to just exceptions. Applications stand disposed of.

'l W.P.(a 4652/2015 & CM APPL. No. 8421/2015 fStav) W.P.(C) 4640/2015 & CM APPL. No.8405/2015 (Stav^ W.P.ra 4645/2015& CM APPL. No. 8411/2015 (Stay) W.P.(a 4648/2015& CM APPL. No. 8415/2015 (Stav^ W.P.(a 4649/2015& CM APPL. No. 8417/2015 rStav^ By these petitions filed under Article 226 of the Constitution of India, petitioners seek to challenge the orders dated 04.09.2014 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi. Learned counsel for the petitioners submits that these respondents have not yet been given any appointment to the post of Fire Operators and therefore, they are not entitled to be served with any show cause notice or to be afforded any opportunity of hearing.

The learned counsel also submits that the learned Tribunal has also failed to appreciate that condition precedent in the Recruitment Rules is that the candidate should possess a valid HTV driving licence and since the Licensing Authority, i.e. Mathura Transport Authority has already given a report to the petitioners that the licences of the respondents were fake and therefore, the respondents could not be given an appointment to the said post. We have heard the learned counsel for the petitioners. By a common order dated 04.09.2014 passed by the learned Tribunal, a limited direction given to the petitioners is that these candidates are entitled to a show cause notice before any final decision is taken by the petitioners with regard to their appointment to the post of Fire Operators.

We find no infirmity or illegality in the reasoning given by learned Tribunal.

3'

notice and proper hearing before any final decision is taken by the petitioners to reject their candidatures.

In the light of above, we do not find any merit in the present Writ Petitions and the same alongwith all the pending applications are accordingly dismissed.

We accordingly, uphold the orders passed by the learned Tribunal and direct the petitioners to comply with the direction given by the learned Tribunal.

KAILASH GAMBHIR, J MAY 22, 2015/nn LS.