K.R. ALVA Vs. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD.

JUDGEMENT

(1.) THE present Transferred Application was originally preferred by the applicant before the Hon'ble High Court bearing WP(C) No. 282 of 2007 which was subsequently transferred to this Tribunal for adjudication. The prayer made in the writ petition was as follows: -

(2.) WHETHER the applicant can be reinstated with all consequential benefits including back wages?

(3.) LEARNED Counsel for the applicant has submitted that in the charge sheet all the charges which are mentioned are the same and after serving a substantial period of time it cannot be raised that the applicant was not having a particular educational or working experience and he has submitted false information to the authorities whereas he was promoted to the post of Executive Director (Finance). The learned Counsel appearing on behalf of the applicant also submitted that after his absorption in HUDCO he was given promotion to the higher post of Assistant Chief Finance and subsequently to the post of Deputy Chief Finance and thereafter as a departmental candidate of HUDCO, the applicant was directly appointed to the post of Executive Director, Finance and in the aforesaid capacity the applicant faced disciplinary proceedings on the charges of getting himself selected to the post of Executive Director, Finance by furnishing false information with regard to his experience of working in executive capacity in Vijaya Bank. Learned Counsel appearing on behalf of the applicant has also categorically pointed out that in the report of the Enquiry Officer it was held that the applicant did not give any false information. He has conveyed the information with the spirit that his experience in Vijaya Bank as a Special Assistant was in executive capacity though it was not so and therefore, the information conveyed by the applicant was not proper which can be termed as false. The Disciplinary Authority agreed with the findings and imposed penalty of removal from service. Apart from this learned Counsel appearing on behalf of the applicant has also relied upon a number of decisions of the Hon'ble Apex Court as well as of Hon'ble High Court. The applicant submitted his defence statement and denied all charges. The applicant has also relied upon the proceedings held on 18.1.2006 wherein former Chairman and Managing Director of Vijaya Bank appeared as DW -2 and verified the correctness of the statement made by the applicant with regard to his experience of working in executive capacity while holding the designation of Special Assistant in Vijaya Bank. In his elaborate deposition the former Chairman and Managing Director of Vijaya Bank referred to bipartite settlement to show the nature of function performed by the applicant as Special Assistant which can rightly be described as that of executive capacity. Apart from this, in proceedings held on 19.1.2006 another Chairman and Managing Director of HUDCO was examined as DW -3 and while in his deposition Sri D.K. Biswas did not find anything wrong either with the selection of the applicant or with the information furnished by him in regard to his experience of working in executive capacity while he was working in Vijaya Bank.