TULARAM Vs. SOUTH EASTERN COALFIELDS LTD.

JUDGEMENT

(1.) In the instant writ appeal, the appellant has challenged the order dtd. 12/12/2019 passed by the learned Single Judge in Writ Petition No. 22 of 2002, whereby the writ petition preferred under Article 226 of the Constitution of India, challenging therein legality and validity of the order of his dismissal from service dtd. 28/12/2001 (Annexure P/10), has been dismissed.

(2.) The brief facts of the present case are that the appellant was appointed as General Mazdoor/Casual Piece Rated Loader under the respondents on 10/5/1984 and in service records his name was entered as Tula Ram, S/o Dev Sai. He was promoted to the post of Clerk Grade III on 13/9/1985, and thereafter, as Clerk Grade II on 20/2/1987 (Annexure-P/1). On 9/10/1999, a notice was issued to the appellant to produce academic certificates and thereafter, on 13/12/2000, again he was directed to produce matriculation certificate. The appellant informed the management of South Eastern Coalfields Limited (for short, 'SECL') on 29/12/2000 that his matriculation certificate has been misplaced, and therefore, he may be allowed some time to obtain duplicate certificate.

(3.) The management instead of granting time to the appellant, issued article of charges on 09/11/1/2001 stating that on 5/10/1999 and 13/12/2000, the appellant was directed to submit matriculation certificate, but same has not been submitted yet, and therefore, it appears that the appellant has committed forgery and cheating with the management and it amounts to serious misconduct. The charges, according to the standing order, are as under:-