- (1.) THE petitioner has sought to challenge the order as contained in Annexure -4 passed by his Disciplinary Authority on 12.9.2000 by which he has been removed from service of the Food Corporation of India in exercise of powers conferred by Regulation 56 and Appendix -II of the Food Corporation of India (Staff) Regulation 1971 on the basis of an Enquiry Report submitted by the Enquiry Officer after conclusion of departmental enquiry. The petitioner also prays for quashing of the order contained in Annexure -6 dated 09.10.2001 i.e. the order passed by the Appellate Authority by which the appeal filed by the petitioner against his dismissal from service has been rejected.
(2.) THE background facts are that for recruitment of SC/ST candidates, for Category -III posts, an advertisement was published in October, 1996 by the Food Corporation of India, and accordingly, a written test was held on 19.1.1997. Successful candidates were called for personal interview on different dates in the month of March, 1997 including the petitioner and thereafter a Merit List / Panel was prepared in which the name of the petitioner also appeared. The petitioner was offered appointment by order contained in Letter dated 17.4.1997 directing him to report at the District Office, Food Corporation of India, Hazaribagh. The petitioner joined his duty on 15.5.1997 on the post of Assistant grade -III(D) in the District Office, Food Corporation of India at Hazaribagh. After completion of recruitment work, a Committee was constituted by the Regional Office, Patna on 27.6.1997 to scrutinize the Admit Cards, Attestation Forms and their Photographs, etc with the paper of joining report of the newly recruited employees in Food Corporation of India. The committee checked the relevant papers and detected certain objectionable matters against various candidates including the petitioner. Against the petitioner, it was found that his photograph pasted on the Admit card did not tally with the photograph furnished by him with the Attestation form at the time of his joining in Food Corporation of India on 15.5.1997. It was also detected that the signature of the petitioner available on the Attendance Sheet dated 27.3.1997 prepared at the time of interview was not tallying with his signature on his joining report and Attestation form submitted by him on 15.5.1997. On detection of such forgery, the signature of the petitioner was again taken and was verified with the signature on Attendance Sheet dated 27.3.1997 as well as with the signature put by him on the joining report. The photograph of the petitioner on the Attestation form, and the photograph available on the Admit card of the petitioner were also verified. On verification, it was found that the photograph affixed on Admit card of Roll No. 11050251 dated 19.1.1997 was not tallying with the photograph affixed on the Attestation form. Even the signature on the Admit card in the name of the petitioner did not tally with the signature available on the Attendance sheet. Thereafter, the matter was referred to the Director, Government Examiner of Questioned Documents, Ministry of Home Affairs, Government of India, Kolkata for verification and report. A report was submitted by the Government experts that the signature on the Attendance sheet at the time of appearing for personal interview on 27.3.1997 was not tallying with the signature put by the petitioner on his joining report submitted on 15.5.1997. The photograph on the Attestation form, also did not tally with the photograph on the Admit Card. Thereafter, a departmental proceeding was initiated against the petitioner for the charges that he after conspiracy acted as an impostor and managed to secure service on the post of Assistant grade -III(D) in the Food Corporation of India by adopting corrupt practice/ unfair means at the time of personal interview on 27.3.1997.
(3.) THE petitioner after notice submitted his written statement and contested the charge in the Departmental Enquiry. As it appears, on behalf of the Department, six witnesses were examined and several documents were adduced in evidence including the report of the Handwriting Expert as well as on the Attendance sheet, Attestation Form, Joining Report, etc.;