Saturday, December 14, 2024

Appointment on the post of Grade IV (DASS)/LDC under OBC Category in Govt. of NCT of Delhi – DSSSB rejected the candidature on the ground that the applicant did not possess a valid OBC certificate

28.11.2024

Central Administrative Tribunal, Principal Bench, New Delhi

 

Appointment on the post of Grade IV (DASS)/LDC under OBC Category in Govt. of NCT of Delhi – DSSSB rejected the candidature on the ground that the applicant did not possess a valid OBC certificate – Central Administrative Tribunal (CAT), in OA No. 4520/2017, directed the Revenue Department to conduct a detailed enquiry as to whether the applicant belongs to OBC category or not, and “if the applicant is found to be belonging to the OBC category, he shall be given all such benefits, as are accordingly available” – Delhi Government/DSSSB failed to grant appoint appointment to the applicant despite Revenue Department declaring that the applicant belongs to OBC (Delhi) category – CAT, in a contempt petition filed by the aggrieved candidate/applicant, directed the DSSSB/Delhi Government to grant appointment to the applicant with notional seniority w.e.f. 10.07.2019. The directive paragraphs of the Order dated 28.11.2024 reads as under: -

 

12. We observe that in Contempt proceedings, the Courts/Tribunals are concerned with implementation of the order(s) in its letter and spirit. The Courts/Tribunals cannot go into the merits of the case in Contempt, which we are being now compelled to enter into. In case the orders passed by this Court are not implemented, it will lead to a situation where each department of the Government will be raising objections to the statement made by the other Department. This will be a never-ending process. Obviously, the Courts are not concerned with the methodology or procedure adopted to comply with its order.

 

13. Undoubtedly, in the captioned Original Application, in which the order dated 25.04.2019 was passed, the DSSSB as well as Revenue Department were the parties. The said order dated 25.04.2019 has not been challenged by any of the parties till date, thus attaining finality. The proper recourse for implementation of the directions in terms of para 12 of final order would have been that the DSSSB either could have called for the report from Revenue Authorities or constituted a Committee to arrive at just decision before passing the order dated 09.07.2019. The office order dated 09.07.2019 passed by the DSSSB and 10.07.2019 passed by the Revenue Department are apparently without caring to consult each other, which has led to an anomalous and peculiar situation. We would say that high volume of recruitment process and lack of coordination between these interrelated authorities needlessly complicate contempt litigation wherein the respondents for justifying their actions file compliance affidavits one after the other. In such a situation, we can give the respondents a benefit of doubt to a certain extent. The objectives of contempt proceedings concern compliance of order in letter and spirit. An act of disobedience can insult a court’s dignity; an insult against a court’s dignity can arise from an act of disobedience. The present case is not a case of direct contempt but a constructive contempt that is due to lack of co-ordination amongst two different departments of the Government.

 

14. The Tribunal possesses both inherent and implied constitutional authority to correct disobedience. Nothing under the Contempt of Court Act, 1981 and Rules thereto, can be construed to detract from the Tribunal its authority to correct defiance of its orders through civil contempt proceedings. Lack of coordination between the inter-related authorities has needlessly complicated the present Contempt Petition as validity of OBC certificate was never in question. The directions in para 12 of the order dated 25.04.2019 were confined only to the fact, as to whether, the applicant belongs to OBC category or not. For the said purpose, a detailed enquiry was held in favour of applicant. There is no denial to the fact that vide Order dated 10.07.2019, the Revenue Authorities had come to conclusion that the applicant belongs to JAT community in OBC category and fulfills the condition for issuance of OBC certificate in JAT Community of Delhi State being a resident of Delhi before 08.09.1993. Without waiting for the outcome of the enquiry conducted by the Revenue Department, the DSSSB acted independently and passed the order dated 09.07.2019 which shows lack of coordination amongst each other.

 

15. To put a quietus to the issue, the Contempt Petition is closed with a directions to the competent authority amongst the respondents to correct the defiance and comply with the directions passed by this Tribunal vide its order dated 25.04.2019 in the captioned O.A., uninfluenced by the order dated 09.07.2019 passed by the DSSSB and by taking note of the finding arrived at in favour of applicant vide order dated 10.07.2019 issued by the Competent Authority, i.e., D.M (West), Government of NCT of Delhi. The respondents shall take corrective measures in co-ordination with each other and grant consequential relief(s) in terms of para 12 the directions passed by the Tribunal in its final order dated 25.04.2019 within a period of three months from date of receipt of a certified copy of this order.

 

16. In peculiar facts of the case, the offer of appointment to be issued to the applicant shall be treated as a fresh appointment and the same is to be adjusted against future vacancies. The applicant shall not be entitled to any arrears of pay, however, shall be entitled to notional seniority w.e.f. dated 10.07.2019.

 

[Lal Singh Vs. Sh. Vijay Kumar Dev, Chief Secretary, Govt. of NCT of Delhi, & Ors., C.P. No. 108/2020 in OA No. 4520/2017, decided on 28.11.2024, Central Administrative Tribunal, Principal Bench, New Delhi]

 

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Anuj Aggarwal

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