- (1.) By Court The petitioner has approached this Court challenging the penalty order dated 28.02.2011 and the appellate order dated 06.01.2012.
(2.) The brief facts of the case are that, the petitioner was appointed as Female Mazdoor on 08.02.1989. On 25.06.2008, a Charge Memo was served upon the petitioner on the allegation that she had produced a forged certificate and procured appointment by producing the forged document. The petitioner submitted her reply on 31.07.2008. An enquiry was initiated and enquiry report dated 26.10.2010 was submitted. A second showcause dated 31.12.2010 was served upon the petitioner and since, reply to second showcause was not found satisfactory, the penalty of removal from service was passed on 28.02.2011. The appellate authority dismissed the appeal preferred by the petitioner by order dated 06.01.2012.
(3.) A counteraffidavit has been filed on behalf of the respondents stating as under: 8. "That it is stated that Tilok Mondal resident of village Ayodhaya, P.O. Guniara, P.S. Nituria, District Purulia was a land looser, his lands were acquired by the Government of Bihar for Damodar Valley Corporation, Panchet Project and he was a displaced person. Tilok Mondal had two sons namely, Tarapada Mondal and Shyamapada Mondal and seven daughters namely, Bharti Mondal, Radhika Mondal, Zulu Mondal, Paru Mondal, Sandhya Mondal, Monju Mondal and Budhu Mondal. 9. That it is stated that the petitioner of the present writ application married Dhiren Mondal, son of late Pravas Mondal of village Talberiya, P.S. Panchet (Chirkunda), District: Dhanbad. 10. That it is stated that Dhiren Mondal endorsed his name to suppress the material facts on the basis of false and fabricated documents in Damodar Valley Corporation panel for employment in the list of displaced persons showing himself as son of Tilok Mondal and his name was at serial no. 33 of the panel. 11. That it is stated that the death of Dhiren Mondal the petitioner succeeded to obtain employment in Damodar Valley Corporation fraudulently suppressing the material facts on the basis of false and fabricated documents showing herself as daughter in law of Tilok Mondal all though, she was the third married daughter of Tilok Mondal. 12. That it is stated that the own brothers of the petitioner namely Tarapada Mondal and Shyampada Mondal son of Tilok Mondal made written complaint on 08.05.2007 to the Chairman, Damodar Valley Corporation, Kolkata and on 12.06.2007 to the Chief Vigilance Officer, Damodar Valley Corporation, Kolkata, both complaint petitions are very clear and on the basis of the complaint petition the departmental enquiry proceeding was initiated against the petitioner. 13. That it is stated that the appointment offer vide letter no. PL/DDP/Panchet/518 dated 09.02.1989 was given to the petitioner in group "C" on certain condition. One of the conditions at Clause 4 of appointment offer read as follows; "the decision to appoint you on probation is based on the information given by you in the descriptive role, in event of any of the information so supplied is found to be false, your employment shall be terminated without assigning any reason whatsoever". 14. That it is stated that after receiving the complaint of Tarapada Mondal and Shyampada Mondal against the petitioner to the Damodar Valley Corporation, the corporate office issued instruction to initiate proceeding by issuing show cause etc. to the petitioner. 15. That it is stated that the competent authority issued show cause to the petitioner and thereafter on receipt of the reply and dissatisfied with the same, the departmental proceeding was initiated. The petitioner appointed Shri H.B. Mondal in her defense to defend her in the departmental proceeding and the respondents gave full opportunity to the petitioner to defend her case by producing documents and adducing oral evidences. 16. That it is stated the the complaint petition dated 12.06.2007 addressed to the Chief Vigilance Officer, Damodar Valley Corporation, Kolkata copy to the Director (HRD) and the Secretary, Damodar Valley Corporation, Kolkata discloses the material facts. The certificate of Mukhiya of Bengagoria, Gram Panchayat and the certificate of Dr. G.C. Kuindu of Nirsa, Dhanbad dated 11.04.1983 discloses that Dhiren Mondal, son of Pravas Mondal is resident of village Talberia, P.S. Panchet (Chirkunda), District: Dhanbad expired on 11.04.1983 completely falsifies the entire documents and the statement of the petitioner. The petitioner is the wife Dhiren Mondal and Dhiren Mondal is the son of Pravas Mondal and not of Tilok Mondal resident of Talberia, P.S. Panchet, District: Dhanbad not the resident of village Ayodhaya, P.S. Neturia, District: Purulia West Bengal. 17. That it is stated that the Block Development Officer of Neturia block vide memo no. 1491 dated 31.12.2007 issued letter to the Senior Divisional Engineer (C), Damodar Valley Corporation, Panchet that Tilok Mondal of village Ayodhaya, P.O. Guriara, P.S. Neturia, had left behind only two sons namel,y Tarapada Mondal and Shyampada Mondal both sons of late Tilok Mondal of village Ayodhaya, P.S. Neturia, District: Purilia, West Bengal. 18. That it is stated that the petitioner submitted her attestation form in Damodar Valley Corporation on 02.03.1989 wherein, she declared herself that her husband's name is late Dhiren Mondal and her father's name is Tilok Mondal and thereafter in the year 13.12.1990 she declared Tilok Mondal as her father in law aged about 61 years.";