S ABDUL RAHIMAN Vs. SUPERINTENDENT

JUDGEMENT

(1.) The present Writ Petition was filed questioning the impugned Order in Rc.No.G1/3097/2011, dated 11.02.2012, wherein respondent No.2 rejected the claim of the petitioner for continuing service in the post of driver on contract basis to the blood transportation by confirming the impugned Termination Order dated 25-11-2010 issued by respondent No.1.

(2.) As per the averments made in the affidavit filed along with Writ Petition, the facts of the case are as follows: The petitioner belongs to BC Category and he passed intermediate and also possessing heavy transport vehicle license. The petitioner was appointed as driver by respondent No.1 vide Proceedings dated 13-09-2010 on contract basis to the Blood Bank Transportation Van, Government General Hospital, Anantpur. One of the unsuccessful candidates complained that the Experience Certificate submitted by the petitioner is not genuine. Taking the same into account, respondent No.1 issued Proceedings dated 25-11-2010, terminating the services of the petitioner. Aggrieved by the same, the petitioner preferred an appeal before Respondent No.2. On 29-11- 2010, as no orders have been passed thereon by Respondent No.2, the petitioner filed W.P.No.23401 of 2011 and the same was disposed of by this Court directing respondent No.2 to pass orders upon the representation dated 29-11-2010 submitted by the petitioner within a period of four weeks from the date of receipt of a copy of the Order. Accordingly, Respondent No.2 passed Orders vide Proceedings in R.C.No.G1/3097/2011, dated 11-02- 2012 and rejected the representation made by the petitioner. Aggrieved by the same, the present Writ Petition is filed.

(3.) A counter affidavit has been filed by the respondents. In the said Counter Affidavit, it is averred by the respondents that one Sri Muralidhar Yadav, who had applied for the post of Driver and who was placed at serial No.3 in the selection list, submitted a complaint against the petitioner that the petitioner had submitted a false Experience Certificate during the selection process. Respondent No.1 after careful examination and an enquiry about the Experience Certificate issued by the Civil Assistant Surgeon, Community Health Centre, Tadipatri and the Assistant Director (Admn) Government Hospital, Anantapur, addressed a Letter dated 23-01-2010 about the Experience Certificate. The Medical Officer, Community Health Centre, Tadipatri, has reported that the Experience Certificate produced by the petitioner is a false one. He reported that the petitioner worked as driver for his private car, but not official one, and the salary was paid from his personal amount. After calling for the explanation from the petitioner, respondent No.2 vide Proceedings in R.C.No.3097/G1/2010, dated 25-11-2010, removed the petitioner from the post of driver and the same was confirmed by respondent No.2 in his Proceedings dated 11- 02-2012.