K JEGANATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the arguments of the learned counsel for the parties and have perused the records.

(2.) THE petitioner was appointed as a Pioneer in the GREF on 21.7.1966. Subsequently, he was promoted as a Store man w.e.f. 15.9.1968. THEreafter, through the selection made by the Departmental promotion Committee (DPC), he was promoted as Store Keeper (Technical) at the Eastern Store Division, GREF, Tezpur in Assam on 18.7.1983. He was given a charge-memo dated 29.6.1990 stating that the H.S.L.C. Examination Certificate produced by him was not genuine and with that fake certificate, he had unjustly obtained promotion. He had also violated Rule 3(1)(i) and (iii) of the Central Services Conduct Rules, 1964.

(3.) LEARNED counsel for the petitioner submitted that the enquiry conducted against him was vitiated and many of the witnesses, whose names were furnished in the charge-memo, were not summoned. He also submitted that he has not committed any misconduct in as much as the certificate produced by him was genuine and the statements issued by the Headmaster and the Secretary of Board of H.S.C., Manipur were not proved in the manner known to law. In any event, he had submitted that the requirement of an H.S.L.C. Pass is relevant only for the promoted post and, therefore, he must be allowed to continue in service at least in the lower post for which he was not disqualified. Finally, he submitted that having worked for 31 years, leniency must be shown to him.