UNION OF INDIA Vs. A NAGAMALLESHWAR RAO

JUDGEMENT

(1.) Leave granted.

(2.) The Union of India is challenging in this appeal the order passed by the Central Administrative Tribunal, Hyderabad Bench in O. A. No. 1139 of 1992.

(3.) The respondent was appointed as a Telephone Operator on 24th June, 1981 by the Divisional Engineer, Telecom, Eluru on provisional basis. By an order dated 20th May, 1983 he was appointed on regular basis. On 8th May, 1984, the respondent was called upon to produce his original SSC marks certificate for verification. He replied by stating that he had submitted it along with his application for appointment and it was not returned to him. In spite of repeated demands he did not submit either the original certificate or a duplicate certificate. The Divisional Engineer, therefore, became suspicious and made an inquiry from the Head Master of the school from which the respondent had passed his SSC Examination. He was informed that the respondent had secured only 48.6% marks. The respondent had represented earlier as disclosed by the entries made in the Z register, that he had secured 79.80% marks. As the respondent was thus found to have obtained the employment wrongfully and in contravention of Rule 3(1)(i)(iii) of the CCS (Conduct) Rules, 1964, a departmental inquiry was held against him. The charge was held proved and an order of dismissal was passed against him on 29th March, 1989. Appeal filed against the said order was dismissed by the Director (Telecom), Guntur Area. His revision application to the Telecommunication Board also failed. He, therefore, filed the above said O.A. before the Tribunal.