Writ petition challenging termination of services as Station Officer in Fire Brigade dismissed for lack of required qualification certificate and exercise of jurisdiction.
Impugned order of termination of services not quashed or set aside.
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mgj
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Writ Petition No. 4257 of 2008
Dholya Dosan Abel ..Petitioner
vs.
1. Bhiwandi Nizampur Municipal
Corporation & anr. ..Respondents
Shri A.H.Jalisargi with Shri A.B. Desai for
petitioner
Shri R.S.Apte for respondent nos. 1 and 2.
CORAM:J.N.PATEL &
S.J.KATHAWALLAJJ.
10th December, 2008
P.C.
1. Heard.
2. The petitioner has impugned the order of
termination dated 11th January, 2008 which
terminates the petitioner’s services as Station
Officer in Fire Brigade department.
3. It is the case of the petitioner that the
petitioner is in possession of the required
qualification and was found fit for being appointed
as a Station Officer as he possesses required
qualifications and, therefore, the impugned order
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deserves to be quashed and set aside.
4. Another contention raised on behalf of the
petitioner is that even assuming that the
petitioner is not eligible for being appointed as a
Station Officer,Fire Brigade Department of the
Municipal Corporation, the respondent Municipal
Corporation has in several cases condoned the
eligibility criterion and regularise the
appointments of the persons in the Fire Brigade
Department.
5. On the other hand, the respondents have filed
the affidavit in reply of the Law Officer who is
also authorised signatory of respondent no.1
wherein they have stated that the petitioner has
suppressed several material facts from this Court
and is relying on the appointment order dated 22nd
March, 2007 whereby the petitioner was appointed as
Station Officer in Fire Brigade Department of
respondent no.1 Corporation. It is, therefore,
contended that condition no.11 in the said order
clearly states that if it is found that the
petitioner obtained the appointment on the basis of
false and misleading information/documents, the
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same will be cancelled immediately and, therefore,
according to the respondents the requisite
qualification for the post of Station Officer is a
Graduate in Science and passing the Station
Officer’s course from National Fire Service
College, Nagpur or experience of having worked for
three years as Station Officer in the city having
population not less than 5 lacs. Our attention has
been drawn to the communication received by the
Municipal Commissioner of the respondent
Corporation from the Director, Maharashtra Fire and
Emergency Services Department, Government of
Maharashtraa which clearly lays down the
qualification for appointment of the station
officer wherein the educational qualifications are
spelt out as Graduate specially from Science
faculty and should possess a certificate of having
passed the officer’s course from National Fire
Services College, Nagpur. It is contended that the
petitioner is an Arts Graduate and does not possess
the required certificate from National Fire
Services College, Nagpur of having passed the
officer’s course.
6. In so far as the contention of the respondents
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that the person should be a Science Graduate may
not be convincing. What is required that he should
be a Graduate considering the cases referred to by
the petitioner in his rejoinder the respondents
have appointed the persons from Arts Faculty in the
Fire Services Department of the Municipal
Corporation. There is no controversy over the fact
that the petitioner does not possess any
certificate of having completed the officer’s
course from National Fire Services College, Nagpur.
7. The learned Counsel for the petitioner has
drawn our attention to the certificate annexed by
him as Exhibit B which is purported to have been
obtained from All India Institute of Local Self
Government, Mumbai which is recognised by the
Government of Gujarat. Apart from the authenticity
of the certificate, the certificate goes to show
that the petitioner was declared successful having
been examined for the Sub Fire Officers’ Course at
Vadodara in the year 2004 which is not the
requisite qualification. We, therefore, do not
find any merit in the matter. Petition is
dismissed.
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(S.J.KATHAWALLA J.) (J.N.PATEL J.)
2 issues framed by the court
Whether the Writ Petition challenging the termination of services as Station Officer deserves to be allowed.
Whether the petitioner's appointment order and qualifications entitle him to retain his service despite alleged discrepancies.
Dholya Dosan Abel
Bhiwandi Nizampur Municipal Corporation
S.J. KATHAWALLA
J.N. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court