BHARAT HEAVY ELECTRICALS LTD Vs. GENERAL MANAGER/ENGG AND R D COORDINATION BHARAT HEAVY ELECTRICALS LTD

JUDGEMENT

(1.) THIS Writ Appeal is preferred against the order of the learned Single Judge made in W. P. No. 11838/1996 dated 07. 02. 2002, setting aside the order of dismissal of the respondent.

(2.) BRIEF facts giving rise to this appeal are that : the respondent joined the service of the appellant Company Bharat Heavy Electricals Limited ['bhel', for short], a Government of India Undertaking, as Engineer Trainee on 15. 12. 1983 for a period of one year with effect from 25. 11. 1983. On completion of the training, the respondent was absorbed as Product Engineer by order dated 06. 03. 1985 with effect from 25. 11. 1984. At the time of the said appointment, the respondent had stated in the application that she belonged to Scheduled Tribe and she has also produced a Community Certificate issued by the Tahsildar which stated that she belonged to Konda Reddy community [st]. Subsequently, in the Attestation Form filed by the respondent, she has stated that she does not belong to SC/st Community. In view of such misrepresentation, action was taken against the respondent for giving such wrong declaration. Since the petitioner admitted the mistake, at that time, the Competent Authority took a lenient view in the matter and imposed the punishment of delaying her promotion to the next higher Grade by two years beyond the normal eligibility period.

(3.) THE respondent preferred an appeal to the Appellate Authority/executive Director requesting for reconsidering the punishment imposed on her. After perusing the records, the Appellate Authority took a different view and stating that the appointment itself was secured on the basis of wrong declaration and that the respondent is not entitled to continue in service, the Appellate Authority passed the impugned Order of dismissal on 17. 08. 1986. The order of dismissal passed by the Appellate Authority was challenged by the respondent by way of Writ Petition.