KULWANT TAGORE Vs. CANTONMENT BOARD SHILLONG

JUDGEMENT

(1.) THIS instant petition is directed against the impugned order for compulsory retirement dated 30.04.12 and Resolution No. 13 dated 26.09.12.

(2.) THE petitioner's case in nut shell is that, "the respondent No. 2 vide impugned order dated 30.04.12 has imposed major penalty for compulsory retirement from service against the petitioner for alleged submission of fake qualification certificate. The petitioner being aggrieved by the aforesaid order, filed an Appeal before the Respondent No. 1 for setting aside and quashing the said penalty on the grounds that the disciplinary proceeding against her was carried out behind her back and in contravention of the provisions of the Cantonment Fund Servants Rules as she has never been given any opportunity to cross examine the witness but the fate of the Appeal was not different as the same was dismissed without any speaking order."

(3.) AN inquiry was conducted, FIR lodged and memorandum of charges were supplied. During inquiry, it was found out that the school certificate issued in the name of Ruprekha Parishad School is fake one. The learned senior counsel informed the Court that, it is a fact the petitioner was never a student of Ruprekha Parishad School nor she has submitted any certificate to Mr. RG Pradhan. Further, the learned senior counsel contended that, while passing the order for compulsory retirement, Rule -12 -E of the CSFR has not been followed as the inquiry was already conducted, so necessary direction may be passed as this Court deemed fit and proper.