- (1.) Heard learned counsel for the parties and perused the record.
(2.) Brief facts of the case are that respondent no.1 was initially appointed as Casual Khalasi under Loco Foreman, Northern Railway, Moradabad on 1.11.1978 where he worked intermittently from 1.11.1978 to 10.1.1985. The DRM, Moradabad issued a letter dated 4.11.1987 inviting applications from among serving group-D railway servants for recruitment of Substantive Loco Cleaner on fulfillment of following conditions of eligibility. 1."Every Casual labour's name should be borne on the Live Casual Labour Register to be prepared and maintained by the respondents themselves. 2.Every Casual Labour should have passed class VIII and his age should have been below 28 years as on 30.10.1987. 3.The Casual Labour should have worked for 121 days or more in any department under the respondents as on 31.10.1987."
(3.) Respondent no.1 appeared in the written examination, viva-voce as well as medical test and was selected. His appointment on 1.6.1988 on the post of Substantive Loco Cleaner was approved by the Divisional Railway Manager,Moradabad. He was served with a charge sheet on 21st August, 1991 alleging that he had shown his employment as Casual Labour on 1.11.1978 by connivance and manipulation in his working under Loco Foreman, Moradabad in between 1.11.1978 to 31.7.1986, which was not supported by any record and was also not verified by any competent authority. He was under age at the time of his initial appointment as Casual Labour, hence he made himself eligible for appointment as Substantive Loco Cleaner.;