N G E F Vs. POONACHA

JUDGEMENT

(1.) This appeal comes up for preliminary hearing. Ordinarily, while disposing of Writ Appeals either by admitting or by rejecting at the stage of preliminary hearing, this Court does not give any reason. But out of deference to the Counsel who argued the matter at length, we may briefly indicate our reasons.

(2.) C. K. Poonacha, the respondent, was one of the six Security Superintendents in the appellant-NGEF which is a factory employing about 6000 workmen including officers. The factory had a scheme for encouraging Family Planning and as per that scheme an employee or his spouse undergoing sterilisation operation would get Rs. 1,500/- as medical reimbursement and Rs. 200/- as incentive - in all Rs. 1,700/-Liberty was given to the employees or their spouses to undergo tubectomy or vasectomy operation, as the case may be, in any Nursing Home or by any doctor ; but they had to produce the certificate of the doctor stating that they had undergone sterilisation operation. The Security Superintendents were directed to verify and peruse the records pertaining to the sterilisations. They have been given instructions in the following terms :- "1. The verifying officers should peruse the records maintained in the Nursing Home. Question the doctor who has actually conducted the tubectomy or treated the patient. If the concerned doctor is not available at least his name should be noted in the report. 2. The nature of the records perused by the verifying officers should be noted.

(3.) Whether there is facility for conducting tubectomy in the Nursing Home and whether there are wards for in-patients etc. should be noted in the report." About 220 employees produced medical certificates stating that their wives have undergone tubectomy operations, and all those certificates have been given by Dr. H. S. Hegde of Jalajakshi Nursing Home, Bangalore. Out of those 220 cases, the respondent has verified 51 cases and submitted his reports. 3. Subsequently it was discovered that the certificates issued by Dr. H. S. Hegde of Jalajakshi Nursing Home were not genuine and they were issued without conducting any operation. Taking a serious view of the matter, the management filed criminal complaints and also initiated departmental proceedings against all the 220 employees. During the enquiry, the employees admitted that they had obtained bogus certificates from the said doctor. They also agreed to refund the money paid to them. Accordingly, the management recovered the amounts and dropped the proceedings and consequently all the 220 employees are continuing in service.