ANUP KUMAR PANDA Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) The Petitioner while working as Operator (Field) in Balasore LPG Bottling, plant under Indian Oil Corporation Ltd, was issued with a charge -sheet dated 23.08.2006 (Annexure -14) for giving false information regarding his age at the time of his employment and thereby committing fraud and forgery. The allegations in the charge -sheet reads as under: I. That at the time of the interview for the post of Jr. Operator (Field) on 12.04.95 at Hotel Torento, Januganj, Balasore, you have submitted a false date of birth in the declaration form (Form PA(S) 053) indicating your date of birth as 23.04.1975 with a malafide intention to be eligible for the post of Jr. Operator (Field). II. That upon your preliminary selection, when you were called upon to submit the true copies of your School Leaving Certificate as proof of your age vide our Appointment Letter No. P&A;/1121/ER dated 16.6.1995, you did not submit the copy of the School Leaving Certificate even through you had taken the same (as per the counterfoil, certificate No. being Folio No. 79 (1) and SLC Number 0239279 dated 12.07.93) from the office of the Nilagiri Road High School on 12.07.93. You had further taken a duplicate School Leaving Certificate No. 0241581 dated 11.10.93. In both the certificates your date of birth was recorded 'as 23.04.1979. Instead you submitted a photocopy of a purported Provisional Certificate cum Memorandum of marks, purported original certificate was shown to the IOC Official also as recorded in the copy on 21.06.95 wherein your date of birth was recorded as 23.04.1975. You have also filed up an Application Form for Employment in the prescribed form on 21.06. 95 wherein also you have indicated your date of birth as 23.04.1975. III. That on the strength of your false certificate attached with the Application Form you were offered employment subject to terms and conditions as stipulated in the above referred Appointment Letter. IV. That upon verification of the mark sheet as was submitted by you aJong with the Application Form dated 21.06.95. Board of Secondary Education, Orissa, Cuttack vide their letter No. 10485 (CRR) dated 30.11.2005 has confirmed that as per records of the Board, Anup Kumar Panda, son of Rajkishore Panda, born on 23.04.79 (Twenty Third April, Seventy Nine) has passed High School Certificate Examination in Third Division bearing Roll No. 34CA008/93/Annual from Nilagiri Road High School. V. That Head Master of Nflagiri Road High School vide his letter dated 09.12.05 has also confirmed that the date of birth of Sri Anup Kumar Panda, son of Rajkishore Panda, village: Chhanur, District Balasore, a pass out of this school in 1993 is 23.04.79 as recorded in the school admission register. VI. That at the time of Vigilance investigation by the Vigilance Investigation 'Officer on 15.12.05, you have submitted a copy of the original Board Certificate dated 31st August, 1995 issued in your favour, wherein the date of birth is recorded as 23.04.1979. It proves that even though you had received the Original Certificate from the Board of Secondary Education, Orissa, wherein your date of birth was recorded as 23.04.1979, you did not submit the same to IOCL authority at your work place with a malafide intention to continue with your employment secured fraudulently. VII. That you have secured employment with Indian Oil Corporation ltd. at the age of about 16 years whereas under the notification as well as under he rules of the Corporation the minimum age for recruitment is prescribed as 18 years of age. VIII. That it is amply proved by the documents referred above that you have submitted false documents as proof of your age at the time of joining the service in the Corporation with fraudulent intention of cheating and securing employment in a wrongful manner with a forged/fabricated certificate indicating a false date of birth. IX. That you have breached the provisions as incorporated in the Application Form as well Attestation Form in connection with false submission/ suppression of facts.xxx xxx xxx xxx

(2.) ACCORDINGLY the Petitioner was asked to submit his written explanation to the charges which amounted to misconduct under the Certified Standing Orders of the Corporation.

(3.) FROM the record it reveals that the Petitioner subsequently filed a complaint before the State Consumer Disputes Redressal Commission, which was registered as CD. Case No. 67 of 2006, for inaction of the Board of Secondary Education, Orissa to correct his date of birth as recorded in the certificate issued by the Board. The said complaint was disposed of by the Commission, directing the Board to take a decision on the representation of the Petitioner and communicate the -same to him. The Board of Secondary Education, Orissa, vide its letter dated 12.1.2007 (Annexure -17) rejected the representation of the Petitioner for correction of the date of birth from 23.4.1979 to 23.4.1975 as per Clause -39 of Section -VI of Chapter -X of Board's Regulation.