B. H. KHAWAS v. UNION OF !NOIA & Ors.

Judgment

[2016] 3 S.C.R. 773 B. H. KHAWAS V. UNION OF !NOIA & OTHERS (Civil Appeal No. 9182of2012) AUGUST 12, 2016 [ADARSH KUMAR GOEL AND A.M. KHANWILKAR, JJ.) Service Lm1' - Termination of provisional appoinlment prior lo confirmation - Validily - Appellant provisionally appointed against post reserved for Scheduled Tribe, subject to verification of caste cert!fica/e - Caste Cert!flcate Scruliny Committee opined /hat appellant did not belong to "Halba" Scheduled Tribe as claimed by him, but belonged lo cas/e "Koshti" which was not a Scheduled Tribe - Accordingly, department terminated the appointment of appellant on ground /hat he did no/ belong lo Scheduled Tribe - Held: Appointment of appellant was provisional and subject to verification of his caste claim of Halba, through proper channel - Appoinlment in terms of lhe appointment let/er, was to a temporary {'Ost and was so treated by the department and thus was not final - Nothing brought on record by the appellant to show that his post 1vas treated as c011firmed by the department before issuance of termination order -High Court right in restoring the termination orde1: Dismissing the appeal, the Court HELD: 1.1 The moot question in the present case is: whether the subject appointment of the appellant to the post of "Chemical Examiner" in Customs and Central Excise Department has in fact become final?

Unlike the confirmed appointment of the appellant to the post of Assistant Chemist, in the Geological Survey of India, his appointment to the post of "Chemical Examiner" in the Customs and Central Excise Department was provisional and subject to verification of his caste claim of "Halba". It was not treated as final by the Department till the impugned termination order was issued. Nothing has been brought on record by the appellant to show that his appointment on that post was in fact treated as confirmed 773 A B c D E F G H 774 SUPREME COURT REPORTS [2016] 3 S.C.R .. A by the con<;.erned Department, before issuing the impugned order of termination. [Para 9) [780-D-F) l.2. Admittedly, the appellant was appointed to the post of Chemical Examiner in the Customs and Central Excise Department, pursuant to the appointment letter.

Condition No. (vii) therein unambiguously mentioned that as the appointment of the appellant was against the post reserved for Scheduled Tribes, it was provisional and subject to verification of his caste certificate through a proper channel. The caste certificate of the appellant was already under scrutiny in terms of reference made by the Controller General, of the Indian Bureau of Mines, Nagpur, where the appellant was appointed in similar manner on the post reserved for Scheduled Tribes. Appointment of the appellant as Chemical Examiner Grade-I in Customs and Central Excise Department in terms of appointment letter, was to a temporary post, on provisional basis and subject to verification of his caste certificate through a proper channel. [Para 10) [780-H; 781-A-D] State of Maharashtra vs.

Mi/ind and Others (2001) 1 SC<; 4: 2000 (5) Suppl. SCR 65 - distinguished.