GOPI RAM, SON OF LATE DUKALU B.P., RESIDENT OF VILLAGE Vs. THE CHIEF GENERAL MANAGER, CENTRAL COALFIELDS LIMITED, DARBHANGA HOUSE, P.O.

JUDGEMENT

(1.) Aggrieved of dismissal of the writ petition, where under challenge to the order of dismissal from service has failed, the appellant-writ petitioner (hereinafter referred to as petitioner) has filed the instant Letters Patent Appeal.

(2.) Heard.

(3.) The petitioner was appointed on compassionate ground under respondent-CCL on 16.09.1980. In the service records, the petitioner disclosed his father's name as Dukalu B.P. On a complaint filed by Smt. Bhukhain Bai, wife of late Dukalu B.P. on 02.11.2010, a preliminary enquiry was held and the allegation that the petitioner obtained employment on compassionate grounds fraudulently was found primafacie true. A charge-memo dated 17.05.2011 was issued to the petitioner on the allegation that falsely claiming and posing himself as son of late Dukalu B.P. he secured employment in connivance of Smt. Bhukhain Bai. In the departmental enquiry the petitioner appeared and admitted that he was brother of late Dukalu B.P and not his son. A copy of the enquiry report was furnished to the petitioner and he was offered an opportunity to reply to the second show-cause notice dated 23.06.2012, however, the petitioner did not raise any specific objection to the findings recorded by the enquiry officer. The Project Officer, SDQ-1 accepted the findings in the enquiry report and passed the order of dismissal from service on 11.10.2012. Aggrieved, the petitioner preferred an appeal which was dismissed, holding that the objections raised by the petitioner to the enquiry proceedings are contradicted by his reply to the second show-cause notice in which he simply stated that he had nothing more to say except, what he had already stated during the enquiry proceeding.