UNION OF INDIA Vs. BINOD KUMAR

JUDGEMENT

(1.) The Union of India, through the General Manager, Central Railway, Hajipur is before us challenging the order of the Tribunal and seeking a writ in the nature of certiorari for quashing the order dtd. 20/7/2018 passed in O.A. No. 050/392 of 2015 by a Division Bench of Central Administrative Tribunal , Patna Bench, Patna (hereinafter referred to as the "Tribunal") by which the show cause notice dtd. 2/3/2017 and order dtd. 31/12/2013 passed by the Disciplinary Authority and also the order dtd. 18/1/2017/10/2/2017 passed by the Appellate-cum-Revisional Authority by which the respondent no. 2, O.A. applicant had been dismissed from service, has been quashed.

(2.) The sole issue raised in this writ application is whether an employee, who had been allowed to continue in service could be removed by the Employer, if he had secured his appointment on the basis of forged educational document.

(3.) The factual matrix of the case is that respondent no. 1, 2 and 3 had been appointed on 15/3/1983, 15/4/1976 and 20/3/1994 respectively as "substitutes". After completion of continuous period of 120 days, they were given a temporary status with effect from 29/6/1993, 13/5/1995 and 1/5/1998 respectively. The screening test for regularization of such substitutes, who were on roll as on 30/4/1996 was held at Sonepur Division and out of list of 222 screened substitutes for their posting against Group-'D' posts, the name of the present respondents figured at Serial NO. 196, 202 and 221 respectively.