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CAT asks govt to reinstate "wrongly terminated" staff

The Central Administrative Tribunal has directed the government to reinstate its employee who was "wrongly terminated" for being named in a criminal case which was pending before a court.



New Delhi: The Central Administrative Tribunal
has directed the government to reinstate its employee who was
"wrongly terminated" for being named in a criminal case which
was pending before a court.

While negating the plea of the government that the
employee had concealed information regarding his arrest, it
said, "Conviction by a court or detention under any
state/Central preventive detention laws is different from
arrest in any case or pendency of a case."

"The candidate is not required to indicate as to whether
he had been arrested in any case or as to whether any case was
pending," the Tribunal bench comprising Members M Chhibber and
S Pandey said.

It passed the order on a petition of employee Ram
Prakash, challenging his termination by the Government of
India Press without giving any notice.

Quashing his termination order, the Tribunal said, "There
was no requirement of informing whether any case was pending
against the applicant. All that was asked was whether the
candidate had been found guilty of any offence by the court.

"If yes, then full particulars of guilt and offence
should be indicated. A person can be said to be guilty only
after the case is finally decided and the offence is proved,"
the Tribunal said.

"That stage has admittedly not yet arrived because the
case was pending, therefore, if applicant had written "No"
against column no 12, it could not be stated that he had
suppressed any material facts from the authorities," it said.

Earlier, the government had replied in affirmative that
the case against the applicant has still not been decided.

"As per government`s reply, the case is still pending
and has not yet been decided, therefore, it cannot be stated
that the applicant has been found guilty for any offence by
the court.

"The question was not whether any criminal case is
pending against him, therefore, by no stretch of imagination,
can it be stated that the applicant had concealed any fact or
had given a wrong information to the department," the Tribunal
said.

Prakash was appointed on the post of assistant binder
in 2008.

PTI

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