CHIEF ADMINISTRATIVE OFFICER Vs. E.HARIKRISHNAN

JUDGEMENT

(1.) Whether the action of the Management of Southern Railway in terminating the services of the first respondent Harikrishnan is justified or not, is the main issue to be decided in this case. The consistent stand of the Management is that the termination is justified. Pursuant to this stand, this writ petition has been filed by the Management, challenging the order of reinstatement with back wages, continuity of service and all other attendant benefits as conferred by the order of the Central Government Industrial Tribunal in I.D.No.70 of 2009 by the award dtd. 22/10/2010.

(2.) The first respondent/workman was empanelled as Driver Grade III with effect from 2/9/1996. In the service register of the workman, it was mentioned that he belongs to Scheduled Caste Community. This entry was made based on the entry in the School Certificate.

(3.) The learned counsel for the Management vehemently contended that the act of the workman in furnishing a false certificate is a fraud on the Constitution and therefore, the termination is perfectly justified. The decision reported in 2003 (8) SC 204, (Punith Raj vs. Chowdhary) is relied upon. The relevant portion of the said decision is extracted hereunder for convenient reference: