CHIEF MANAGER Vs. A. SUBRAMANIAN

JUDGEMENT

(1.) The Neyveli Lignite Corporation Limited and its authorities are on an appeal, aggrieved by the Judgment of the learned Single Judge, dtd. 11/1/2022 in W.P.No.9217 of 2009, whereby the Writ Petition filed by the respondent/employee, challenging the order of punishment of removal from service, was allowed on the following terms :-

(2.) The brief facts leading to the filing of the Writ Appeal is that the respondent/Writ petitioner was initially appointed on a temporary basis as Assistant Manager/Trainee-Industrial Canteen, and thereafter, was regularly appointed in the said post of Assistant Manager/Trainee -Industrial Canteen, w.e.f 1/6/1990. In the year 1993, it was found that the respondent had produced bogus educational certificates regarding his educational qualification. After initiation of disciplinary proceedings, the Appellant Authorities imposed a punishment of stoppage of the next increment with cumulative effect vide order dtd. 21/6/1997. Thus, after punishment become final, in the year 1999, without re-opening the said proceedings, fresh proceedings were sought to be initiated by suspending the Writ Petitioner and also issuing a Charge Memorandum for the very same delinquency. The petitioner, therefore, filed a Writ Petition in W.P.No.17877 of 1999, challenging the said orders dtd. 17/8/1999, 7/9/1999, and 29/9/1999 and to reinstate the petitioner into services with all monetary benefits and attendant benefits. When the Writ Petition came up for hearing on 12/12/1999, a letter of undertaking was produced by the learned Appellant /Corporation that the Management has decided to drop the proceedings and suspension will be revoked without prejudice to the criminal proceedings already initiated against him. Recording the said fact, the Writ Petition was dismissed.

(3.) It is pertinent to state here that the criminal proceedings also were continued, however, the concerned Police ultimately dropped the case as "undetected". It can be noted that the petitioner was also granted timebound promotion and as of the year 2003, he was holding the post of Assistant Manager (Special Grade - B) (Industrial Canteen). Again in the year 2004, the Appellants Authority seems to have taken up the issue for the third time and a letter was addressed to the Sub-Inspector of Police, Neyveli Police Station, enquiring as to what happened in the criminal investigation of the case. To the said letter dtd. 23/4/2004, a reply was submitted by the concerned Police that the case was treated as "undetected" as early as 1/7/2000, and the criminal case was not pending. Thereafter, again in the year 2005, an Additional Chief Manager (personnel)/Mine-II, directed the respondent/Writ Petitioner to produce a proof in original in support of his actual date of birth issued by the Competent Authority on or before 5/8/2005, stating that the educational qualification, which is entered in his services book is based on the bogus educational certificates.