BHARAT SANCHAR NIGAM LIMITED Vs. SUDAMA SINGH

JUDGEMENT

(1.) Petitioner/employer has invoked writ jurisdiction with a prayer for quashing the order dated 2.2.2011 passed by Central Administrative Tribunal, Patna Bench, Patna, in O.A. No. 273/09 by which the order of dismissal of Respondent No.1 dated 15.1.2008 followed with appellate order dated 2.2.2009 have been set aside and the matter has been remitted to the Enquiry Officer with a direction to give an opportunity to Respondent No. 1 to participate in the departmental enquiry as well as to bring the documents i.e., forged and tampered certificates on record in accordance with law.

(2.) The facts leading to present petition could be summarized like this. In pursuance of advertisement dated 25.3,1989 for appointment of Junior Telecom Officer, sole Respondent, Sudama Singh (henceforth known as delinquent) alongwith others applied. Delinquent was selected and accordingly was so communicated on 9.7.1991. Subsequently, he was directed to submit original certificates, mark-sheet alongwith other documents which he did and subsequently, he was directed to undergo training and after completion thereof, was appointed as Junior Telecom Officer. In due course of time, he was performing his duty, CBI detected foul play at his end and on account thereof, an FIR was registered on the alleged fact that he had made interpolation in matriculation certificate as well as he had also filed fake certificate of Bihar College of Engineering. The aforesaid documents were got verified from the respective offices and the reports of concerned officials were communicated to C.B.I, disclosing that the same happens to be interpolated and fake one. Accordingly, delinquent was asked for reply and the same was submitted. Subsequently thereof, served with charge-sheet of major penalty in accordance with Rule 14 of CCS. Rules but instead of submitting reply in defence, delinquent began to escape. Not only this, the delinquent on one pretext or other absented himself from participating in departmental enquiry and lastly seeing dilly dally tactics, proceeding was held ex parte wherein witnesses were examined and the reports submitted by the authorities concerned were brought up on record. After concluding inquiry, report was submitted before the disciplinary authority, who, after scrutinizing the report, concurred and then on the factum of punishment, ordered for dismissal of delinquent from the service after having been approved by the authority concerned. Delinquent had made departmental appeal whereupon the appellate authority by reasoned order acceded with the findings and dismissed the appeal. Then, thereafter delinquent had preferred O.A. No. 273 of 2009 wherein the order of the disciplinary authority as well as appellate authority have been set aside which led to filing of instant petition at the behest of BSNL, the employer.

(3.) Contention on behalf of the peti- tioner is that order passed by the Central Administrative Tribunal, Patna Bench, Patna happens to be bad in law as well as on facts, hence is fit to be set aside. He further submitted that the Central Administrative Tribunal, Patna Bench, Patna had misconstrued the real fact that by legal and reliable evidence, the petitioner had brought up on record the concerned letters written by the authorities concerned to the C.B.I, from which it transpires that there happens to be interpolation of date of birth in the matriculation certificate while no certificate was granted to the delinquent from Bihar College of Engineering, Patna for the relevant period 1988. Then submitted that the learned Central Administrative Tribunal, Patna Bench, Patna had wrongly and illegally held under paragraphs-7 of the order that neither the original matriculation certificate nor the original certificate issued by the Bihar College of Engineering, Patna were brought up on record, therefore finding of enquiry officer as well as putting reliance thereon by the disciplinary authority as well as appellate authority happens to be bad. The fact is that the two respective letters issued by the Head of the authorities of the institution concerned disclosing the same to be interpolated/fake was not at all under challenge at the end of delinquent, Also submitted that finding recorded under paragraph-8 of the judgment that the delinquent had applied for the post on the basis of his being graduate B.Sc. Physics (Honours) is not at all tenable in light of Annexure-1, the appointment letter by which he has been directed apart from others, to submit original certificates and mark-sheets of the attested copies of mark-sheet so attached with application form. Had the delinquent applied for on the basis of B.Sc. Physics (Honours) then there was occasion for him to submit original certificate alleged to be issued by Bihar College of Engineering, Patna. Therefore, the learned Central Administrative Tribunal, Patna Bench, Patna. while setting aside the respective orders was totally misguided rn appreciating the real theme already existing on the record.