K BABU Vs. COLLECTOR THIRUVALLUR

JUDGEMENT

(1.) THE petitioner, who was working as Panchayat Assistant in the Panchatti Panchayat, Sholavaram Panchayat Union, Thiruvallur District filed O.A.No.8182 of 2000 challenging the order dated 31.8.2000 by the respondent-District Collector, wherein the petitioner was ousted from service.

(2.) THE Tribunal admitted the O.A., on 9.11.2000. Pending the O.A., the Tribunal granted interim stay of the impugned order. THE said order came to be extended without any further outer time limit by a further order dated 23.11.2000. On notice from the Tribunal, the respondents have filed a reply affidavit dated 21.9.2001.

(3.) THE facts leading to the filing of the writ petition are as follows: i) THE petitioner was employed as a Panchayat Assistant on 31.12.1990. Subsequently, he requested for promotion to the post of Junior Assistant on the ground that he passed S.S.L.C. In support of his claim, he produced S.S.L.C Certificate issued allegedly by the Secretary, Board of Secondary School Examination, Tamil Nadu with Registration No.AA 4228766 / March' 1997. ii) Since the petitioner had passed the S.S.L.C. Examination as a private candidate, the said certificate was referred to the Director of Public Examinations, Chennai-6 for verification. THE Director of Public Examinations, by his letter dated 15.10.1999, informed the respondent that the Certificate produced by the petitioner was bogus. On the strength of the report issued by the Director of Public Examinations, the District Collector issued a show cause notice dated 16.5.2000. Only the Panchayat President can remove the petitioner and not the District Collector. iii) Even before the issuance of show cause notice by an order dated 19.4.2000, the petitioner was demoted from the post of Junior Assistant to that of Panchayat Assistant and relieved from the office of the District Development Officer, Sholavaram. He was directed to join in his earlier post of Panchayat Assistant, Panchatti Panchayat. iv) THE petitioner was given a show cause notice as to why he should not be removed from the post of Panchayat Assistant for having submitted a false S.S.L.C., Certificate claiming promotion. Subsequently by order dated 31.8.2000, it was stated that the petitioner after receiving the show cause notice did not give any explanation. THErefore, it was considered that he had not given any explanation and he was ousted from the post of Panchayat Assistant. It is this order, which was stayed by the Tribunal. v) In the reply affidavit, it was claimed that as the petitioner had attempted to deceive by giving a false S.S.L.C. Certificate and requested for promotion is again a criminal conduct and by seeking such promotion on the basis of the false educational certificate, it is also stated that further action is being taken and after investigating the matter, suitable action will be taken. vi) It was claimed that the case pointed out by the petitioner regarding one Sethumadhavan, who also immediately secured promotion to the post of Junior Assistant was merely reverted to the post of Panchayat Assistant. But in the case of the petitioner, action was taken because the Director of Public Examinations stated that since the S.S.L.C. Certificate was bogus, he should not be allowed to continue in service.