TULARAM @ KHAMMAN SAI Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) By the instant writ petition, the petitioner would assail the legality and validity of the order of his dismissal from service dated 28-12-2001 (Annexure - P/10).

(2.) Petitioner was appointed as General Mazdoor/Casual Piece Rated Loader on 10-5-1984 mentioning him as 'Tularam, S/o Deosai' (name of the petitioner and his father is as per the contents of the impugned order Annexure - P/10). He was promoted as Clerk Grade III on 13-9-1985 and thereafter as Clerk Grade II on 20-2-1987 (Annexure - P/1). Vide notice dated 13-12-2000 the petitioner was directed to produce the matriculation certificate as the said qualification was the requisite qualification for appointment as Clerk Grade III or Clerk Grade II. The petitioner informed the management of SECL on 29-12-2000 that his certificate is misplaced, therefore, he may be allowed time to obtain diploma certificate.

(3.) Under the above circumstances, a charge sheet was issued to the petitioner vide Annexure - P/5 alleging that he has obtained service in the SECL by committing fraud and is misleading the management, which amounts to serious misconduct. The charge sheet referred to clauses 26.1, 26.9 and 26.22 of the Certified Standing Orders of the SECL under which committing fraud, misrepresentation with the management and submitting false information about the name, age, father's name and qualification to the management is treated as misconduct.