MAHESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner claims that he was engaged on daily wage basis in the establishment of Electrical Foreman (M) at Bina. According to him, after verification of the casual service rendered by him, he was issued a Casual Labour Service Card, in pursuance of which he was given the status of a Monthly Rated Casual Labour (MRCL) with the benefit of pay scale applicable to Group "d" with effect from 13-4-1983. He was working continuously thereafter as a MRCL.

(2.) WHEN the matters stood thus, he was issued a charge-memo, dated 5-7-1990 alleging that he had obtained the position of MRCL by producing a fake Casual Labour Service Card. The charge-memo was followed by an inquiry. The Inquiry Officer submitted a report holding the petitioner guilty of the charge. After furnishing a copy thereof to the petitioner, with opportunity to show cause, the Disciplinary Authority passed an order dated 27/29-10-1993 accepting the findings in the inquiry report and imposing the penalty of removal from service. Feeling aggrieved, the petitioner filed an appeal. The appeal was dismissed by order dated 3-6-1994.

(3.) FEELING aggrieved by the order of the Disciplinary Authority and the Appellate Authority, the petitioner filed O. A. No. 82/1995. When the said application came up for consideration, the petitioner did not challenge the finding of guilt, but contended that certain others against whom similar charges were levelled, have been imposed a lesser penalty and that he should also be treated accordingly. The Tribunal therefore, disposed of the application by order dated 4-7-1997 and remitted the matter to the Appellate Authority with direction to consider the question of quantum of punishment in the light of two documents filed him, provided the petitioner made a representation in that behalf.