A.K. Bhardwaj -
(1.) THE applicant has filed the captioned O.A. No. 143/2007, seeking the following reliefs: -
8.1 To call for the record and files of the respondents and see what had prompted the respondent to pass the punishment order removing the applicant. And this Hon'ble Tribunal may please quash and set aside the Appellate Order issued by the Dy Director General (Estt.) D.O.T. New Delhi Respondent No. 3 under Memo No. 100/35/2005 -STG -l dated 16.1.2006 (Exh. A -1) and direct the respondent to reinstate the applicant on the post of TTA with the continuity of service and consequential benefits.
8.2 To call for the record and files of the respondents and see what had promoted the respondent to pass the punishment order removing the applicant. And this Hon'ble Tribunal may please quash and set aside the punishment order issued by the Asstt. General Manager (CCF), BSNL, respondent No. 4 under his Office Memo. No. DGM(CCF)/Disc -Proc/MTNL/KSK/TTA/321491 dated 15.10.2003. (Exh.A -2) and direct the respondent to reinstate the applicant on the post of TTA with the continuity of service and consequential benefits. This Hon'ble Tribunal may call for the files and records pertaining to the departmental inquiry of the applicant and direct the respondent that the applicant be treated removed from service irregularly.
8.3 To hold and declare that the removal of the applicant ordered vide memo dated 15.10.2003 (Exh -A -1) was not proper, not legal not according to the Rules in Force.
8.4 To quash the charge sheet dated 3.5.2000 (Exh. A -5).
8.5 Any other and such further relief as may deemed fit and proper by this Hon'ble Tribunal may be passed.
8.6 Cost of this OA be awarded and paid to the applicant.
As is stated by the applicant in his OA, he was originally appointed on or about 15.6.1983 as a Technician in Bombay Telephones and was posted in the office of the Area Manager (C)/DMX -GMV. The applicant was promoted as ITA and he also qualified the Junior Telecom Officer Exam.
(2.) THE applicant was served with a charge sheet under Rule 14 of the CCS (CCA) Rules, 1965 vide Memo No. AMX -38/E -9/90 -91/4 dated 27.6.1990. The charges contained in the said Memo read as under: - -
Shri K.S. Kurmi, Technician applied for the post of Technician under the direct recruitment quota for the year 1980 vide his Application No. 1902 dated 24th December, 1980.
In column No. 9 of the said application he has stated that he passed S.S.C. Examination in the year 1975 securing total marks 363 out of 500 and passing in 1st Division.
He has also submitted the mark sheet issued by Bala Bhadra Inter College, Subhashpur, Jaunpur (Madhyamik Shiksha Parishad) Uttar Pradesh, Allahabad and the S.S.C. Certificate.
A reference was made vide this office letter No. RCT/COM/Tech.Id -10 dated 28.2.1990 by the Assistant Manager (R&T) M.T.N.L., Bombay to the Balabhadra College, Pali, Subhashpur, Jaunpur, U.P. to ascertain the genuineness of the Certificate and Mark sheet submitted by Shri K.S. Kurmi, Technician at the time of recruitment as Technician. The Pradhan Acharya (Principal) of the above said college in his letter No. R -366 dated 9.3.1990 has are replied that Shri K.S. Kurmi son of Shiv Bachan Kurmi was neither been enrolled nor passed any time from that institution and that the signatures on mark sheet and certificate are also false beside there was no such name of student in their office record.
It is, therefore, alleged that Shri. K.S. Kurmi, Technician furnished false information and fake certificates in the application form and also in attestation form submitted by him for the post of Technician with a clear intention of deriving unintended benefit by way of getting appointment as a Technician. Me has also failed to heed warning given in the attestation and application form and neglected the instruction in the recruitment rule by giving false information, thus contravening the provision of Rule No. 3(1) Sub -rule (i) and Rule (1) Manager( (iii) of CCS (Conduct) Rules, 1964.
The aforementioned charge sheet was withdrawn by Order No. AKL -III/Disc -32149/99 -2000 dated 28.4.2000. The order 28.4.2000 issued by the Sub -Divisional Engineer Extt. (KVL -III), M.T.N.L., Mumbai read as under: - -
Whereas Shri Kailashnath S. Kurmi, St. No. 32149, then Technician now designated as TTA, MTNL, Mumbai was issued with a charge sheet under Rule 14 of CCS (CCA) Rules, 1965 vide Memorandum No. AMX -38/E -9/90 -91/4 dated 27.6.1990.
And whereas the said memorandum dated 27.6.90 contains more than one allegation against said Shri Kailashnath S. Kurmi under the same article of charge i.e. Article -I.
And whereas on consideration of the said memorandum of charge dated 27.6.1990 and the circumstances under which it was issued, the undersigned hereby decided to withdraw the said memorandum dated 27.6.1990 issued to Shri Kailashnath S. Kurmi without prejudice to any other action that the Appropriate Authority might take against Shri Kailashnath S. Kurmi. Consequently the proceedings that have already been started are also dropped.
The receipt of this order shall be acknowledged.
As can be seen from the aforementioned order, the Memorandum dated 27.6.1990 was withdrawn without prejudice to any other action that the Appropriate Authority might take against applicant. Thereafter, a fresh charge sheet was issued against the applicant vide Charge Memo No. DKL -II/Disc. 32149/99 -2000 dated 3.5.2000 (Annexure A -5) which read as under: - -
1. The undersigned proposes to hold an inquiry against Shri Kailashnath S. Kurmi, Telecom Technical Assistant, Staff No. 32149, O/O AKL -III, MTNL Mumbai, under Rule 14 of the CCS (CCA) Rules, 1965. The substance of the imputations of misconduct or misbehaviour in respect of which the inquiry is proposed to be held is set out in the enclosed statement of articles of charge (Annexure 1). A statement of imputations of misconduct or misbehaviour in support of each article of charge is enclosed (Annexure -II). A list of documents by which, and a list of witnesses by whom the articles of charge are proposed to be sustained are also enclosed (Annexures III & IV).
2. Shri Kailashnath S. Kurmi, Telecom Technical Assistant, Staff No. 32149, O/O AKL -III, MTNL, Mumbai is directed to submit within 10 days of the receipt of this Memorandum a written statement of his defence and also to state whether he desires to be heard in person.
He is informed that an inquiry will be held only in respect of those articles of charge as are not admitted. He should, therefore, specifically admit or deny each article of charge.
(3.) SHRI Kailashnath S. Kurmi, Telecom Technical Assistant, Staff No. 32149, O/O AKL -III, MTNL, Mumbai, is further informed that if he does not submit his written statement of defence on or before the date specified in Para 2 above or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of Rule 14 of the CCS (CCA) Rules, 1965 or the orders/directions issued in pursuance of the said Rule, the inquiry authority may hold the inquiry against him ex parte.;