W.P.(C)--12487/2018. Case: MD. SONU Vs. UNION OF INDIA AND ORS.. High Court of Delhi (India)
| Case Number | W.P.(C)--12487/2018 |
| Citation | NA |
| Judgement Date | December 06, 2019 |
| Court | High Court of Delhi (India) |
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12487/2018
MD. SONU ..... Petitioner
Through: Mr. Ankur Chhibber with Mr. Gupta, Advocates.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Sanjeev Sabharwal,
Government Counsel with Bushra Waseem, Advocate.
CORAM:
JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH
O R D E R % 06.12.2019
Dr. S. Muralidhar, J. :
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The Petitioner, who is serving in the Sashastra Seema Bal („SSB‟ filed this petition challenging orders dated 23rd April, 2018 and 30th 2018, as well as a Show Cause Notice („SCN‟) dated 20th October, issued to him terminating his services as Constable (GD).
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The background facts are that Respondent No. 4 Staff Commission („SSC‟) issued an advertisement dated 15th December, 2012 filling up the post of Constable (GD) in the CAPF and Rifle Man Assam Rifles, 2013. The Petitioner applied for the posts as an candidate enclosing his OBC certificate issued from the state of Bihar. also enclosed a certificate dated 9th February, 2012 issued by the
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Commandant, CISF Unit, RSR Rourkela certifying that the Petitioner son of Tailor Mohd. Sahid who was posted in the said unit and that Petitioner, his son, was residing with him, and therefore was applying the State of Odisha in terms of Note IV of page 3 of the advertisement.
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Based on the selection process, the Respondents issued a final select where the name of the Petitioner is shown at Page 829. He was declared fit under the OBC category and was allotted SSB.
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By a memorandum dated 28th November, 2014, the SSB informed Petitioner that he had been appointed as Constable (GD) and he to report at RTC, Bhopal, Madhya Pradesh on 27th December, 2014.
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After he reported at the RTC, Bhopal, the Petitioner was detailed undergo the basic training course with effect from 1st January, 2015. successfully completed the said training by 1st January, 2016. Thereafter, h was posted with the 5th Battalion, SSB at Champawat, Uttarakhand.
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Nearly three and a half years later, on 23rd April 2018, the received the impugned memorandum issued by the SSC informing him his candidature in the 2013 examination stood cancelled. The reason was that he was declared qualified under the OBC category for whereas in terms of the domicile certificate submitted by him, he to Bihar.
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On 30th August, 2018 an order was issued from the Directorate
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(DG), SSB stating that pursuant to an order dated 11th July, 2016 passed this Court in W.P.(C) 5995/2015 (Vijay Kumar Soni v. Staff Commission) , dossiers of all candidates who availed reservation benefit had been scrutinised, and on that basis it was found that 9 domicile submitted by the candidates did not match with the State against which they had been selected. Out of the 9, 3 candidates were found to have qualified, and directions were issued to the relevant Commandants
Units to take administrative action against the said individuals.
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Consequent thereupon, the Commandant of the 5th Battalion issued SCN to the Petitioner on 20th October...
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