RAJASEKARAN Vs. APPELLATE AUTHORITY/CHIEF MANAGER

JUDGEMENT

(1.) This Writ Petition is filed to quash the impugned order dtd. 23/11/2015 and the confirmation order dtd. 25/9/2014.

(2.) The contention of the petitioner is that due to his family poverty, he was unable to continue his education and he had studied up to third standard in Chellam Aided Middle School, Orathur, Thanjavur District. In the year 1992, the third respondent recruited to the post of Sweeper by calling the list from the District Employment Exchange. Thereby, eligible candidates were sponsored and totally three persons including the petitioner have been sponsored by the Employment Exchange Office. After interview, the petitioner's candidature was scrutinized, thereafter, the third respondent appointed the petitioner as Sweeper. The respondent had promised to promote the petitioner as Messenger after completion of 10 years. At the time of appointment, the petitioner has produced educational qualification certificate. Thereafter, the respondent confirmed the service. The petitioner has completed 22 years of service. The anonymous complaint was received stating that the petitioner has produced fake educational qualification certificate. Pursuant to the letter, an enquiry was ordered and an enquiry officer was appointed. A show cause notice dtd. 2/1/2014 was issued and the petitioner has submitted a letter, dtd. 17/1/2014, issued by the Headmaster, Chellam Aided Middle School, Orathur. The Headmaster has issued a certificate to that effect the school record was destroyed on fire. The fire accident was confirmed through certificate of Tahsildar, Thiruvaiyur, wherein it has confirmed the fire accident occurred in the school. The second respondent issued a notice dtd. 11/4/2015, directing the petitioner to appear on 22/4/2014 and 23/4/2014. The petitioner appeared before the enquiry officer and during enquiry one Thomas Singarayer who was working as Teacher in the Chellam Aided Middle School during the period of 1/6/1996 to 30/6/2004 gave evidence that the petitioner studied in the school during the period 1977 to 1979. The said Thomas Singarayer stated that one Ganesan who issued a certificate to the petitioner was working as Assistant Headmaster. The present Headmaster of the school has issued a certificate to that effect that the said Ganesan was working as a Teacher in the above school. The certificate was also submitted before the second respondent. Without considering the evidence in support of the case, the second respondent has submitted an enquiry report dtd. 7/5/2014 and the same was sent to the petitioner. The second respondent directed the petitioner to submit his explanation for the enquiry report. In the enquiry report, the charges levelled against the petitioner are held to be proved. Thereafter, another show cause notice dtd. 28/4/2014 was issued directing the petitioner to appear on 18/8/2014. The second respondent has issued a show cause notice dtd. 28/4/2014, informing the petitioner about the punishment of dismissal from service. The petitioner submitted an explanation on 18/8/2014. Without considering the petitioner's explanation, the second respondent has passed a dismissal order, dtd. 25/9/2014.

(3.) The contention of the petitioner is that the second respondent has appointed an enquiry officer and he conducted an enquiry and the dismissal from service was also issued by the second respondent. The petitioner has preferred an appeal on 10/12/2014. Since the same was not considered, the petitioner has preferred a writ petition in W.P.(MD)No.8371 of 2016, wherein this Court has directed to dispose the Appeal and this Court, vide order, dtd. 27/4/2016, rejected the Appeal. Aggrieved over the said order, the present writ petition is filed.