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2006 Supreme(SC) 1038

S.B.SINHA, MARKANDEY KATJU
Mathura Prasad – Appellant
Versus
Union of India – Respondent


JUDGMENT

S.B. Sinha, J. - Leave granted.

2. Appellant was engaged as a casual labour in the year 1978 for a period of four months. He was posted in Ganj Basoda Station. Subsequently, he was appointed at Bina Depot in the year 1981 and served upto 30.6.1982. He was appointed similarly on a few more occasions and was declared as a monthly rated casual labour in 1986. He was issued a service card wherein the details of his service as a casual labour were recorded from time to time. Service Card contained the particulars of the places, number of days and the capacity in which he had worked.

3. Pursuant to or in furtherance of a scheme of regularization in 1989, his name was short-listed. The service card was sent for verification. A purported report dated 31.5.1990 was sent by an Electrical Foreman, Ganj Basoda challenging that it was a fake one; whereupon a major penalty was imposed on him, inter alia, on the charges; firstly, his service card bearing No. 303774 was fake; and secondly, that he secured employment on the basis of the fake service card.

4. A departmental inquiry was initiated. The Inquiry Officer upon considering the materials placed on records in his report, stated:-

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