SHYAM LAL Vs. CENTRAL COALFIELD LTD

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the respondents.

(2.) THE petitioner took employment in the year 1978 in Central Coalfield Limited under the voluntary retirement scheme on representing that he is the son of Sahetar Satnami, who had taken retirement under the aforesaid scheme but in fact the petitioner happens to be son-in-law of Sahetar Satnami. Since the petitioner had taken employment by giving false declaration that he is the son of Sahetar Satnami memo of charge was served upon him on February 16,2009. Explanation to the charge aforesaid was submitted wherein it was stated that Sahetar Satnami is his father-in-law who after the death of the father of the petitioner had looked after him and on attaining the age of majority he did marry with the daughter of Sahetar Satnami. Under that situation the petitioner at the wish of his father-in-law was appointed. THEreupon the, matter was taken up for enquiry in which it was found that the petitioner got employment by giving false declaration that Sahetar Satnami is his father whereas the said Sehatar Satnami has a son namely. Shyamlal Banjare who is also under the employment Central Coalfield Limited and as such under the scheme of voluntary retirement he was not entitled to get employment. Thus the enquiry officer found that the charges have been fully proved. THEreupon the disciplinary authority vide order: as contained in Memo No. 64257 date March 15, 2010 (Annexure-3) passed an order of dismissal of the petitioner. Clerk Grade II/MTK Saunda 'D' Colliery. THE said order of dismissal has been challenged to be bad in this writ application.

(3.) KEEPING in view the relevant provision of the scheme which is being noted below, I do not find any merit in the submission advanced on behalf of the petitioner. The said provision reads as follows: