- (1.) LET affidavit filed by the respondents be kept with the record. Heard the learned Advocates appearing for the parties.
(2.) THIS writ application has been moved under Articles 226/227 of the Constitution of India assailing the order of Central Administrative tribunal, Calcutta Bench dated 25th September, 2006 passed in O. A. No. 186 of 1906. By the impugned order, Tribunal rejected the application which was moved assailing the final order of dismissal departmental proceeding.
(3.) THE writ petitioner admittedly was served with a copy of charge sheet to face the departmental proceeding on the factual charge of suppression of actual date of birth and furnishing of a false date of birth to gain the service. The charge as framed reads such: ". . . that Shri Amal Chowdhury was appointed as Sepoy w. e. f. 12. 7. 76. That the time of his appointment in Custom House, Calcutta as sepoy Shri Chowdhury suppressed his actual date of birth and furnished a false date of birth isasmuch as he produced his 1975 higher Secondary Supplementary Examination Admit Card which indicated his date of birth as 25. 10. 54, whereas he suppressed his actual date of birth which is 25. 3. 42 recorded in the Board of secondary Education during his earlier appearance in School Final examination in the year 1962, 1963 and 1964 and whereas the date of birth of his youngest brother, Shri Sadananda Ghowdhury is 25. 8. 46 as per his S. F. Certificate. On the strength of the said false date of birth Shri Chowdhury established his eligibility and illegally got his appointment as Sepoy w. e. f. 12. 7. 76 when he was actually overaged and not eligible for such appointment. These acts of Shri Chowdhury reflect his gross misconduct. Shri Chowdhury thus acted in a manner highly unbecoming of a government servant and contravened the provisions of sub-rule (iii)of Rule 3 (1) of Central Civil Services (Conduct) Rules, 1964". ;