SH RAMASHISH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) BY this writ petition, petitioner assails the order dated 5. 4. 2007, passed by Central Administrative Tribunal, hereinafter referred to as "the tribunal", dismissing O. A. No. 2257/2006, by which the petitioner had challenged order dated 2. 2. 2005 passed by Disciplinary Authority dismissing him from service and order dated 3. 3. 3005 passed by appellate authority upholding the punishment. Petitioner has also challenged the order dated 30. 7. 2007 of tribunal by which his application seeking review of aforesaid order was also dismissed.

(2.) FACTS necessary for the disposal of the present writ petition are that the petitioner was appointed as a chowkidar with respondent on 10. 4. 1980. He was regularised in services on 10. 4. 85 as chowkidar. In the year 1986, he gave representation to the respondent for promotion to the post of peon as his junior shri R. S. Pandey was promoted. When no action was taken, he filed O. A. No. 710/1998 before the Tribunal for promotion to the post of peon. In the said case Government took a stand that as the petitioner had failed to furnish the requisite certificate of having passed 8th class, despite being given a specific memorandum, his case was not considered for promotion. The Tribunal vide order dated 19. 7. 2001 disposed of the said O. A. with a direction that in case the petitioner furnishes 8th class pass certificate even at that stage, he be considered for appointment as peon/daftari in accordance with rules and instructions.

(3.) THE case of the petitioner is that when process for recruitment to the post of peon was going on, petitioner appeared in class 10th examination and cleared it. It is further the case of petitioner that he received the 10th class certificate and school leaving certificate by post and had accordingly vide letter dated 23. 12. 1997 submitted his name for the post of Lab Assistant. After petitioner submitted certificate, respondent found it to be forged and suspended him from services on 9. 9. 2000. A departmental enquiry was conducted wherein petitioner was found guilty of producing the forged certificate and ultimately, he was dismissed from service vide order dated 2. 2. 2005.