CHAKRADHAR NAYAK Vs. CHAIRMAN, STEEL AUTHORITY

JUDGEMENT

(1.) THE Petitioner in this writ application prays for quashing the orders in Annexure -3 series, i.e., initiation of Departmental Proceeding, Annexure -8, i.e., a communication to the Petitioner intimating him that Enquiry Committee has been constituted to enquire into the charge levelled against him and allowing him to take the help of coworker to assist him in the enquiry, Annexure -12, i.e., the findings of the Enquiry Committee, Annexure -13, the order of removal of the Petitioner from service and Annexure -15, i.e., the order passed by the appellate authority.

(2.) THE brief facts, as narrated in this writ application, tend to reveal as follows:

(3.) THE O.Ps. have filed a counter affidavit stating that a disciplinary proceeding was initiated against the Petitioner on the charge of obtaining employment of Rourkela Steel Plant by virtue of a forged Caste Certificate bearing NO. 2062/T.O./C -75/76 dated 15.3.1975 but during the course of enquiry the Petitioner himself stated that he was issued with original Caste Certificate bearing NO. 2067/T.O./C -75/76 dated 15.3.1975 and not 2062 dated 15.3.1975, on the basis of which the Enquiry Officer submitted his report holding that the charge was not established. Thereafter basing upon the disclosure of the Petitioner that he was issued with Caste Certificate bearing No. 2067 dated 15.3.1975, further verification was done and clarification was sought for from the Tahasildar, Chandbali, who by his letter dated 9.5.1997 (Annexure -E) reported that the certificate was a forged one. Considering the aforesaid, the Disciplinary Authority remanded the matter to the Enquiry Officer for further enquiry. The Enquiry Officer after enquiry, submitted the report vide Annexure -12 holding that the Caste Certificate was not a genuine document and the charge brought against the Petitioner was established. The Disciplinary Authority considering the enquiry report passed the impugned order imposing penalty of removal from service.