LAWS(ALL)-2016-5-78

ABHISHEK CHATURVEDI Vs. UNION OF INDIA

Decided On May 24, 2016
Abhishek Chaturvedi Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Petitioner is aggrieved by an order dated 11.1.2016, whereby he has been removed from the services of respondent bank. The order of removal has been passed on the ground that petitioner has suppressed his higher qualification and had knowingly suppressed relevant fact, which disentitled him to be retained in employment of the bank.

(2.) Facts giving rise to filing of this petition are that an advertisement was issued by the respondent bank for the post of Housekeeper cum Peon, which required that candidate should be 10th standard pass, but should not have passed 12 th standard. Petitioner pursuant to such advertisement made an application claiming that he has passed high school examination only and that he has not passed class 12 th. An affidavit was also submitted by the petitioner on 15.10.2013 in this regard. It was later found that petitioner had passed 12 th standard in the year 2012, but such higher qualification which was suppressed by him. Disciplinary proceedings, consequently, were initiated against the petitioner and charge sheet was served.

(3.) It was pleaded by the petitioner in disciplinary proceedings that he was in dire need of employment and various other difficulties were also pressed. The enquiry officer after considering the evidence brought on record returned a finding that petitioner had made false statement while applying for employment in the documents submitted. Punishment of removal from service was proposed. A notice dated 7.12.2015 was thereafter issued to the petitioner affording him an opportunity whereafter the order impugned has been passed. Aggrieved by the order dated 11.1.2016, petitioner has preferred the present writ petition.