- (1.) Heard learned counsel for the parties.
(2.) Learned Central Administrative Tribunal, Circuit Bench at Ranchi proceeded to quash the charge memo dated 29.12.2016 issued against the applicants-respondents herein by the impugned order dated 1st August, 2017 (Annexure-7) which has aggrieved the respondent-petitioner herein Bharat Sanchar Nigam Limited (BSNL) to approach this Court in the present writ petition.
(3.) We feel appropriate to refer to the articles of charge contained in Memorandum dated 29th December, 2016 (Annexure - 5) hereinbelow; (i) Article-l: Shri Shyam Bihari RM who was engaged as temporary status Mazdoor on the basis of working as casual labourer during the period 1988 to March 1996 as stated in the records have been found to be fake at a later stage. This work experience for a period of 2430 days was adduced with ill motive to defraud the Bharat Sanchar Nigam Limited, which amounts to an acts of moral turpitude by way of dishonesty, cheating , fraud, forgery and prejudicial to the interest of the company. It amounts to gross misconduct and failure to maintain absolute integrity and devotion to duty and having acted in a manner which is also unbecoming for a Government servant, such act is in violation of Rule 3(1)(i),(ii) & (iii) of CCS (Conduct) Rules, 1964. (ii) Article-ll: Shyam Bihari RM acquired appointment as TSM and got regularized as Regular Mazdoor in BSNL on the basis of a work experience certificate which was found to be fake. The instant acts also amounted gross misconduct and violation of the aforesaid CCS Conduct Rules, 1964. Similar charge-sheet has been issued in respect of the other private respondents as well.;