LAWS(PAT)-2006-1-76

UNION OF INDIA Vs. DAYA NAND THAKUR

Decided On January 03, 2006
UNION OF INDIA Appellant
V/S
Daya Nand Thakur Respondents

JUDGEMENT

(1.) THIS writ application has been filed against an order dated 27th November, 2000, passed by the Central Administrative Tribunal, Patna Bench, holding Circuit Bench at Ranchi, whereby the order of termination passed against private respondent no. 1 has been set aside and direction has been issued to post him on his previous post of Upper Division Clerk which he was holding prior to his termination.

(2.) THE factual matrix of this case are that the father of respondent no. 1 was in employment in Income Tax Department. He took retirement due to his illness and sought compassionate appointment of respondent no. 1. It is a fact that prior to that the two brothers of respondent no. 1 and sons of Damodar Thakur were already in employment in the Income Tax Department itself. Neither in the application filed by the father of respondent no. 1 nor in the form submitted by respondent no. 1 any disclosure was made about employment of two persons, i.e., two brothers of respondent no. 1 in the same Department.

(3.) AFTER the appointment of respondent no. 1 an anonymous letter was received in the office of Commissioner of Income Tax that respondent no. 1 has obtained appointment by suppression of fact about employment of his two brothers in the Department. The Commissioner ordered for enquiry and after coming to know of the said fact a show cause notice was issued to respondent no. 1. In the show cause filed by respondent no. 1 and also the application filed by the respondent no. 1 he admitted the fact of employment of the two persons of the concerned family in the Department. Thereafter the impugned order of termination was passed which was challenged before the Tribunal.