Kongara Vijaya Lakshmi, J.

1. This writ petition is filed for issue of Certiorari to quash the order dated 31.10.2002 in O.A No. 1772 of 2000 on the file of the Central Administrative Tribunal, Hyderabad Bench at Hyderabad (for short, the Tribunal).

2. We have heard Sri Siva, learned counsel for the petitioner, Mr. R.S. Murthy, learned standing counsel for the respondents, and perused the record.

3. The facts of the case in brief are as follows:

The petitioner was appointed as a Khalasi in Wagon Workshop, Guntupalli with effect from 21.04.1981 under a scheme formulated by the Railway Administration to provide employment to the family members whose lands were acquired for the purpose of wagon workshop. On 16.06.1987, he was served with a charge memo containing two charges, which reads as follows:

ARTICLE-I:

That the said Sri Garapati Subba Rao, has committed serious misconduct and failed to maintain absolute integrity in that he sought employment in Wagon Workshop, Guntapalli as a Land Loser by fraudulent means in that by concealing the fact that a family member from the same family was already provided with job in connection with the acquisition of land of Sri Garapati Pakeeraiah. Thus he has contravened the provisions contained under Rule 3(1)(i) of Railway Services (Conduct) Rules, 1966.

ARTICLE-II:

That the said Sri Garapati Subba Rao has committed serious misconduct and failed to maintain absolute integrity in that he sought employment in Wagon Workshop, Guntupalli as a Land Loser by a fraudulent means by producing a bogus certificate relating to the land said to be acquired from him. Thus, he has contravened the provisions contained under Rule 3(1)(i) of Railway Services (Conduct) Rules, 1966.

4. Enquiry Officer was appointed in the matter, who submitted his report, holding that the first charge is proved and the second charge is not proved. According to the report of the Enquiry Officer, on 04.06.1980 petitioner submitted an application stating that his land in RS No.82/7 was acquired and he also produced a certificate issued by the Tahsildar. In reply to the said application, Railway Administration, vide letter dated 30.06.1980, asked the petitioner to submit (1) an application for appointment as Khalasi in the prescribed proforma, (2) Certificate regarding land owning, surrendered for construction of Wagon workshop, and balance of land now in possession after surrendering from Tahsildar (Land Acquisition); (3) Declaration stating that none of his relatives have been employed in this workshop and also state whether he has applied for the same previously, if so, the reasons for not considering his case. With regard to Point No.3 i.e., declaration, petitioner stated that no application has been submitted for seeking appointment by him.

5. The Enquiry Officer further observed as under :

Vide letter dated 30.6.1980, a declaration was asked on two aspects, basically (1) stating that none of his relatives have already been employed in this workshop, and also, (2) say whether he has applied for the same previously. But, however, as seen by the declaration given by Shri G. Subba Rao, he only declared for the second aspect by stating that no application has been submitted for seeking appointment by him, and he stated that this is the first application which has been submitted by him. But, he has not replied to the first aspect of the declaration sought i.e., one of his relatives have already been employed in this workshop. Thus, he has not declared what has been asked for and misguided the Administration by concealing the fact that his own brother, Shri G. Ganapathi Rao, was appointed in Wagon workshop under land losers quota for surrendering the same land in R.S.No.82/7, which was in the name of Shri G. Pakeeraiah, his father as pattadar, to Rlys., for construction of Wagon workshop, and also by submitting a certificate, which stated that he himself owned a land of Ac.4.08 in R.S.No.82/7, which was surrendered to Railways. From