DEPUTY GENERAL MANAGER Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) The order of the second respondent in G.A.No.10 of 2015 dated 09.08.2016, which is confirmed by the first respondent in G.A.No.7 of 2016 dated 30.06.2017, are under challenge in the present writ petition.

(2.) The writ petitioner is the New India Assurance Company Limited. The writ petitioner states that the third respondent joined the services of the writ petitioner-organisation as an Assistant during the year 1979 under the Reserved Category Vacancy and she enclosed a Community Certificate stating that she belongs to Aadhi Dravidar Community. Since the School Leaving Certificate of the third respondent showed her religion as 'Christian', the third respondent was called upon to submit her Caste Certificate. Pursuant to such communication, the third respondent produced a Caste Certificate issued by the Tahsildar dated 06.08.1979 stating that she belongs to Aadhi Dravidar Community. Based on such Certificate, an order of appointment was issued on 06.08.1979. A condition was imposed at the appointment stating that the third respondent knowingly or unknowingly furnishes incorrect or false particulars for suppression of material information, she would be disqualified and her appointment is liable to be cancelled and she will be dismissed from service without any notice. The third respondent-employee accepted the letter of appointment with the abovesaid conditions and joined the services of the writ petitioner-company, namely, The New India Assurance Company Limited.

(3.) A complaint was received by the writ petitioner- organisation stating that the third respondent does not belong to Aadhi Dravidar Community. On verification of the school certificate of the third respondent, which showed that she belongs to Christian Community. A show cause notice dated 08.03.2000 was issued to the third respondent stating that she has furnished a false information about her caste for which the third respondent submitted a reply dated 02.05.2000. Thereafter, a charge memo dated 17.05.2004 was issued to the third respondent invoking the provisions of the General Insurance (Conduct, Discipline and Appeal) Rules, 1975. The third respondent submitted her written statement of defence and thereafter, an Enquiry Officer was appointed and a domestic enquiry was conducted.