- (1.) Special leave granted.
(2.) We have heard the learned counsel for the parties.
(3.) The respondent joined the Neyveli Lignite Corporation Ltd. , hereinafter referred to as "the Corporation", on 28/11/1978 as an Industrial Worker/trainee. The basic qualification prescribed for appointment on the said post was that the candidate should have passed the Industrial Training, Institution (for short "iti") Examination from an institution approved by the government. The respondent secured appointment on the basis of National Trade Certificate granted by the ITI, Parmakukdi that he had passed the All-India Trade Test in July 1977. Subsequently, it came to the notice of the Corporation that the respondent had secured only 19 marks in English and 17 marks in Mathematics in the IXth standard examination and in the marks-sheet for the said examination the marks had been altered to show that he had secured 99 marks in English and 77 marks in Mathematics and on the basis of the said altered marks he obtained admission in the ITI. Disciplinary proceedings were initiated against him on the basis of the charge that he had fraudulently altered the marks obtained by him in IXth standard in the subjects of English and Mathematics and had gainedadmission into ITI on the basis of the total altered marks. After holding an inquiry into the charge, the Inquiry Officer found the charge established. Thereafter the disciplinary authority passed an order dated 23/10/1986 whereby the respondent was dismissed from service. In the said order of dismissal the disciplinary authority has also mentioned that the National Trade Certificate that was granted to the respondent had been cancelled by the Director of Employment and Training, Chepauk, Madras, vide PC No. 31362/81/83 dated 31/7/1985 as he had got admission in the ITI by unfair means. The respondent filed an appeal against the said order of dismissal passed by the disciplinary authority but the same was dismissed by the appellate authority by order dated 13-1-1987. The respondent filed a writ petition (CWP No. 10267 of 1987 before the High court of Madras challenging the orders dated 23/10/1986 and 13/1/1987. The said writ petition was allowed by a learned Single Judge of the High court by judgment dated 6/8/1996. The letters patent appeal (Writ Appeal No. 857 of 1996 filed against the said judgment of the learned Single Judge has been dismissed by the division bench of the High court by the impugned judgment dated 26/9/1996.;