R.B.Misra, J. - (1.) Heard Sri K.K. Mishra, learned Counsel for petitioner, and Sri Satya Prakash, learned Counsel for the Food Corporation of India (in short called 'Corporation' hereinafter).
(2.) In Writ Petition No. 47731 of 2000 the petitioner has challenged the order dated 29.9.2000 (Annexure-IX to the writ petition) superannuating the petitioner, and has challenged order dated 17.5.1999/29.5.1999 dismissing the service of the petitioner and the petitioner has also challenged the order dated 22.8.1997 and 2.1.1998, whereby the memorandum of charges were served to the petitioner and the disciplinary inquiry was proposed to be initiated against the petitioner.
(3.) According to the petitioner, he was appointed to the post of messenger in 'Corporation' on 26.5.1969 on the basis of High School Certificate submitted by him showing his date of birth as 12.9.1945. The petitioner was serving the Corporation and was receiving salary. However, in the year 1994 a complaint was received that the petitioner has produced a forged High School certificate disclosing wrong date of birth, whereas, his date of birth was to be 12.9.1940. The petitioner for forging documents, dereliction of duty and for altering and manipulating the documents was placed under suspension by an order dated 5/9.8.1994, against which Civil Misc. Writ Petition No. 39679 of 1994 was decided on 9.12.1994 by this Court whereby the representation of the petitioner was directed to be decided by the respondents. The suspension order of the petitioner was revoked and petitioner was allowed to work to the post, on which he was initially deployed. However, for the aforesaid serious allegations an inquiry was directed to be conducted against the petitioner and the matter was referred to the Secretary, Board of High School and Intermediate, Allahabad about verification, where it was revealed that date of birth of the petitioner was 12.9.1940 instead of 12.9.1945. Accordingly, the petitioner's matter was referred to the Zonal Office of 'Corporation' on 9.10.1995 and a charge-sheet was issued to the petitioner in respect of fraud and gross misconduct committed on the part of the petitioner and an Inquiry Officer was appointed. The petitioner also by a Civil Misc. Writ Petition No. 10769 of 1998 challenged initiation of the inquiry, wherein on 26.3.1998 a direction was issued to the respondents to furnish the copy of the charge-sheet to the petitioner in making inquiry. However, the petitioner did not co-operate in the inquiry and did not attend the inquiry on the fixed date, time and place for the purpose, therefore, on the available documents exparte inquiry was concluded with a finding that the petitioner has cheated the 'Corporation' and forgery done by the petitioner was established beyond doubt and the charges against the petitioner were proved, therefore, in exercise of powers under Regulation 56 of Food Corporation of India (Staff) Regulation, 1971 for good and sufficient reasons the Senior Regional Manager being disciplinary authority dismissed the petitioner from service on 29.4.1999, which too was challenged in Civil Misc. Writ Petition No. 24854 of 1999 on the ground that entire action of the respondents is malafide, discriminatory, illegal and against the principles of natural justice.;