The Division Bench of the Delhi High Court in the case of Syed Jabir Ahamed vs Central Industrial Security Force consisting of Justices Suresh Kumar Kait and Neena Bansal Krishna held that an order disqualifying the petitioner from future employment under the Govt. does not disqualify him from getting employment in private establishment.
Facts
The petitioner sought the quashing of the order letter passed by Sr. Commandant, CISF; directing the respondent Nos.1 to 3 to reinstate the petitioner in the job along with payment of arrears and back wages and quashing of the permanent order of disqualification for future employment under the Government passed by Sr. Commandant, CISF.
Contentions Made
Petitioner: It was contended that while dismissing him from service, it was mentioned in the said order that dismissal from service shall ordinarily be a disqualification for future employment of the petitioner under the Government with immediate effect. It was also contended that the said observation in the impugned order for future employment of the petitioner was interfering in getting employment in the private establishment.
Observations of the Court
The Bench found that the order clearly mentioned that the dismissal of the petitioner shall be a disqualification for future employment under the Government, however, nowhere it was mentioned that the petitioner was disqualified from getting employment in a private establishment.
Judgment
The Bench concluded that since there was no such embargo on the petitioner disqualifying him from getting future employment in a private establishment, he was at liberty to take employment in the private establishment. The petition was disposed of accordingly.
Case: Syed Jabir Ahamed vs Central Industrial Security Force
Citation: W.P.(C) 16646/2022 & CM APPL. 52439-52440/2022
Bench: Justice Suresh Kumar Kait, Justice Neena Bansal Krishna
Decided on: 5th December 2022
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