AIR INDIA LIMITED Vs. M YOGESHWAR RAJ

JUDGEMENT

(1.) Leave granted.

(2.) The appeal has been preferred from the order of the High Court of Bombay dated 18th September, 1999 by which the High Court issued a rule and granted interim relief on the writ application filed by the respondent.

(3.) The subject matter of challenge in the writ application was a show cause notice dated 30th August, 1999 issued by the appellant to the writ petitioner. The impugned show cause notice followed an earlier show cause notice (referred to as the "first notice") issued to the respondent by the appellant on 29-12-1998. It was alleged in the first notice that the respondent had been given appointment by the appellant in 1976 on the basis of his claim that he belonged to a Schedule Tribe against a post reserved for Schedule Caste/Schedule Tribe. A caste certificate had been submitted by the respondent at the time of his appointment which had been issued by the Tutor, Department of Pathology, Institute of Medical Sciences, Osmania Medical College, Hyderabad and attested by the Tahsildar, Hyderabad Urban Taluk without the signature of the concerned Tahsildar. As the caste certificate was not in the prescribed form from the competent authority, the respondent had been called upon the appellant to submit a proper certificate. Pursuant to this, a caste certificate dated 4th February, 1998 had been submitted by the respondent. It was alleged in the first notice that the caste certificate so produced was a forged document. It was further stated in the first notice that the appellant was a prima facie of the view that it could not respose "any more confidence in any manner" on the respondent and that the appellant was prima facie of the view, having regard to nature of duty discharged by the appellant, that the respondent was not a person who could be retained in service. The respondent was charged with breach of Clause 19(2)(viii) of the Certified Standing Orders. The respondent was accordingly called upon to submit an explanation in writing within three days from the date of communication of the first notice failing which further disciplinary action would be initiated against him in accordance with the Certified Standing Orders.