Jayanta Kumar Biswas, J. - (1.) In this writ petition dated February 5, 1992, a charge -sheet dated January 29, 1992 is under challenge. By an order February 6, 1992 it was admitted, and maintenance of status quo as regards Petitioner's employment was directed by way of interim relief.
(2.) The Petitioner had been served with a previous charge -sheet dated December 1, 1987; that had been pursued upto the stage of submission of report by the enquiry officer. The enquiry officer's findings were that the charge had not been proved. On receipt of an investigation report from the Central Bureau of Investigation (in short 'C.B.I.'), instead of proceeding further with the said previous charge -sheet, the disciplinary authority issued the impugned charge -sheet. The Petitioner challenges it contending (a) that the Respondents issued it illegally, arbitrarily, and in colourable exercise of power, because it contained same change as the previous one; and (b) that they issued it with a view to harassing him in the face of the findings of the previous enquiry.
(3.) The contents of the old and the new charge -sheets are quoted below: (a) The old charge -sheet dated 1st December, 1987: It is reported that you have produced false relationship certificate with Sri Bara Lakhman Das, Ex U/G Loader who is not your real father. By submitting the false relationship certificate you have got employment. This is a serious misconduct on your part and you are liable for severe disciplinary action as per Sec. 17(i)(o) of the M.S. Order (sic). which reads as below: (O): Giving false information regarding one's name, age, father's name, qualification of (sic) previous service at the time of the employment. You are asked to explain in writing Within 48 hours of receipt of this letter as to why disciplinary action should not be taken against you. (b) The new and impugned charge -sheet dated 29th January, 1992: It has been reported that you entered (sic) employment of the company in the name of Shri Jai Prakash Das, allegedly son of Shri Bara Lakhman Das, who was working as underground Loader of Tilaboni Colliery, in the year 1987. It has also been ascertained that you are son of Shri Lal Deo Singh, Clerk, Grade I, Bankila Area and that you studied in Andaj Hindu Vidyalaya (High School), 1984, wherein you have been shown as son of Shri Lal Deo Singh. The declaration given by you, while your employment was processed, was false and you have cheeted (sic) the Management by giving false information regarding your name, age, father's name etc. at the time of employment. You are, therefore, charged for the same i.e. you deliberately gave false information regarding your name, father's name etc. in connivance with your father Shri Lal Deo Singh which is a misconduct under following claim (sic) of Model Standing orders applicable to you and to this establishment. Section: 17(1) Clause: (a) Theft, fraud or dishonestly is (sic) connection with the employer's business of property. (b) Giving false information regarding one's name, age, father's name, qualifications or previous service at the time of employment. You have also aided and abetted in the above mentioned misconduct (sic) (which is also misconduct under standing orders applicable to you) as also a breach of Act/Rule which are also misconducts under standing orders. You are hereby required to show cause within 72 hours of receipt of this as to why disciplinary action should not be taken against you, as also why you should not be processed (sic) against in the court of law. You are hereby suspended pending enquiry.;