PRAMOD KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) A common order, dated 31 December 1997, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short 'the Tribunal'), in O.A. No.1670/92 and two other applications, is under challenge in this writ petition. By the impugned order, the Tribunal has declined to interfere with the penalty of removal from service imposed on the petitioners. Since the issue involved in all the three cases is identical, these are being disposed of by this order. However, we shall treat the facts of Pramod Kumar as illustrative.

(2.) The petitioner, Pramod Kumar, a Substitute Loco Cleaner, working under Loco Foreman, Northern Railway, Moradabad, was proceeded against in departmental disciplinary proceedings for allegedly producing fake casual labour service card showing 380 days of service as casual labour under Inspector of Works, Balamau to his credit during the period 1978-1982; forging the signatures of Shri S.P. Jutla, the then Inspector of Works; securing employment as Substitute Loco Cleaner on the strength of the said card; producing fake scholar's register and transfer certificate, as affirmed by the Principal of an Inter college. The Enquiry Officer finally concluded that the charge of securing employment as Sub Loco Cleaner by producing a fake casual labour service certificate with forged signatures of the then Inspector of Works, under whom he claimed to have been worked, stood proved. However, the charge of producing fake scholar's register and transfer certificate and allegation of misleading of age and qualification was not proved.

(3.) Accepting the report of the Enquiry Officer, the disciplinary authority awarded to the petitioner punishment of removal from service. Aggrieved, the petitioner preferred statutory appeal to the Senior Divisional Mechanical Engineer, Moradabad. The appellate authority dismissed the appeal. For the sake of ready reference, order passed in the case of Pramod Kumar is reproduced below: