DEPUTY GENERAL MANAGER Vs. ANUP KUMAR PANDA

JUDGEMENT

(1.) THIS Second Appeal has been filed against a reversing judgment, which has been admitted on the following substantial question of law:

(2.) IN order to appreciate the contentions and submissions of the respective parties, it is necessary to state in brief the history of the proceeding, from which the present appeal arises. On 08.11.1994, the appellants Indian Oil Corporation Limited (in short "IOCL") made a requisition to the District Employment Officer, Balasore for recommending the names to fill up the post of Junior Operator (F). In response to the said letter, the District Employment Officer sponsored the name of the respondent No.1 ­ plaintiff by letter dated 17.01.1995. On 21.06.1995, the respondent No.1 filled up an application form for employment along with an attestation form marked as Exts. A and B, in his own handwriting indicating that his date of birth is "23.04.1975". He also submitted a Provisional Certificate cum Mark sheet purportedly issued on 02.07.1993 by the Board of Secondary Education, Odisha marked as Ext. D. The respondent No.1 received the original Board of Secondary Education Certificate on 31.08.1995, wherein his date of birth has been mentioned as "23.04.1979" (Ext. C).

(3.) DURING the investigation, he found that the actual date of birth of the petitioner is "23.04.1979" and not "23.04.1975". The Assistant Secretary, Board of Secondary Education also by his letter dated 30.11.2005 (Ext.G) confirmed the date of birth of the respondent No.1 to be "23.04.1979". The Headmaster of Nilagiri Road High School, by his letter dated 09.12.2005 also confirmed this fact. The Investigating Officer, therefore, recorded the finding that the date of birth of the respondent No.1 is "23.04.1979" and not "23.04.1975" and further at the time of appointment, the respondent No.1 has given a fake/manipulated provisional certificate of High School Examination showing his date of birth as "23.04.1975". On the above finding, the Vigilance Department of IOCL recommended for initiation of a disciplinary proceeding against the respondent No.1 for major penalty under the Certified Standing Orders as applicable to him. Accordingly, charges were framed registering a disciplinary proceeding against the respondent No.1. The respondent No.1 submitted his explanation to the charges framed denying the same, which was found to be unsatisfactory. However, in his explanation, he admitted to have submitted the Provisional Certificate cum Mark sheet. The respondent No.1 approached the State Consumer Disputes Redressal Commission, Odisha in C.C. No. 67 of 2006 claiming deficiency in service on the part of the Board of Secondary Education with regard to mentioning the wrong date of birth in his certificate. The said dispute was disposed of by the State Consumer Disputes Redressal Commission granting liberty to the respondent No.1 to file a fresh representation within a week before the Board of Secondary Education, which was directed to dispose of the same by the end of February, 2007 and communicate its decision. Such a representation was made by the respondent No.1 for correction of the date of birth, which was rejected by the Secretary, Board of Secondary Education, Odisha on 12.01.2007 in terms of Clause ­ 39 of Section ­ VI of Chapter ­ X of the Board's Regulation. Being aggrieved by such action of the Board of Secondary Education, the respondent No.1 filed W.P.(C) No.2161 of 2007 making the following prayers :