CHAVVAKULA RAJESH Vs. G. M.

JUDGEMENT

(1.) The petitioner seeks a writ of mandamus declaring the action of fourth respondent in passing the order dated 11.11.2016 imposing punishment on petitioner removing him from service with superannuation benefits as illegal and arbitrary and violation of the principles of natural justice and for a consequential direction to set aside the aforesaid order.

(2.) The case of petitioner is that the fourth respondent issued notification for appointment of Peon in Hyderabad Circle of Andhra Pradesh on 09.12.2014 and accordingly, the petitioner applied for the said post. The minimum qualification for the said post is XII Standard or equivalent from recognized Board or Institute. The petitioner was ultimately selected and posted for duties in fourth respondent Bank. While so, a charge sheet was served on the petitioner on 11.03.2016 on the allegation that when the minimum and maximum educational qualification required for the post of Peon as per the notification was XII standard or equivalent qualification, the petitioner who already completed B.Tech and holding degree from SSITS (Rayachoty, JNTU) suppressed the same and applied for the post. Charges were framed and enquiry was conducted and ultimately it was held that the petitioner suppressed the material facts relating to his educational qualification and secured the job and accordingly, the punishment of removal from service was imposed on him. The petitioner's version is that paper notification dated 09.12.2014 was issued by the Punjab National Bank, Hyderabad Circle, wherein it was mentioned that for full details the candidates can refer to www.pnbpeonrecruitmentapandtelangana2014.com. In the website regarding educational qualification it was motioned that "candidate should minimum passed 12th or its equivalent from recognized board/institute" and following the same he was under the impression that he acquired the requisite qualification and applied for the post and got selected and therefore, he has not concealed any material facts.

(3.) The respondents filed counter and opposed the writ petition. The contention of the respondent is dipronged. Firstly, it is contended that the petitioner is a 'workman' cadre employee and is governed by the provisions of the Industrial Disputes Act, 1947 and therefore, he has to seek his remedy available under the said Act. Since an alternative and efficacious remedy is available to him under the aforesaid Act, this writ petition is not maintainable. Secondly, it is contended that the petitioner has not come to the Court with clean hands inasmuch as he suppressed the material facts relating to his education and obtained job and therefore, he was rightly terminated from the service. In the paper notification, the respondent authorities have clearly mentioned about the educational qualification of the candidate to the effect that "Pass in XII standard or its equivalent with basic reading/writing knowledge of English. Maximum and Minimum XII pass." In that view of the mater, the petitioner who had already passed B.Tech and holding degree from SSITS (Rayachoty, JNTU) ought not to have applied for the post as he was having much higher qualification than required. Further, in his declaration dated 12.02.2015 the petitioner unequivocally gave a declaration that if it comes to the notice of the Bank that he has studied beyond Intermediate at a future date, his appointment in the Bank will be cancelled and he shall be subject to dismissal summarily from appointment as subordinate staff of Punjab National Bank besides being subjected to civil/disciplinary/criminal action by the Bank. Therefore, the petitioner is well aware that he should possess the educational qualification of XII standard and not more than that. However, he suppressed his educational qualification and got the job; for the act the authorities have conducted enquiry and removed him from service by following due process.