ORDER :

The petitioner prays for a writ of certiorari directing to quash the proceedings dated 07.09.2004 of the 2nd respondent / Deputy Chairman, Visakhapatnam Dock Labour Board (VDLB) dismissing the petitioner from the service and also to set aside the proceedings of the 1st respondent dated 15.12.2003 whereby the appeal of the petitioner was rejected and to issue consequential direction to respondent to continue the petitioner in service as a peon with all consequential benefits.

2. The factual matrix of the case is thus:

(a) Basing on instructions of the Government of India, Ministry of Surface Transport, New Delhi to implement liberalized pension benefits to the widows of deceased employees of the Major Port Trust and Dock Labour Boards including the existing pensioners w.e.f. 01.01.1986, the then Deputy Chairman of the respondent, VDLB constituted a Committee of Officers to scrutinize the claims received for the said purpose. The said Committee was assisted by the writ petitioner who was working as Peon / Messenger and A.Ramalingeswara Rao, Junior Assistant and G.Narsing Rao, Head Assistant of VDLB. After final scrutiny, pension and arrears were paid in April / May 1992 w.e.f. 01.01.1986. Subsequently complaints were received in 1994 that certain bogus widows made false claims and drew widow pension by impersonating themselves as the surviving wives of the deceased workers of the VDLB. An investigation was conducted wherein it was revealed that several candidates submitted claims for payment of widow exgratia pension by producing false death certificates. The Chief Medical Officer, Municipal Corporation, Visakhapatnam on request of VDLB, verified the genuineness of death certificates and informed that 138 out of 200 death certificates were not genuine. Thereafter, a compliant dated 09.02.1995 was lodged with the police of Harbour Law & Order, Port Circle, Visakhapatnam and the police after investigation filed charge sheet against 99 accused including petitioner as A2. After full-fledged trial in the related CC No.197/1998, learned VII Metropolitan Magistrate, Visakhapatnam acquitted all the accused of the charges under Section 120B, 420, 427, 465, 467, 468, 471 and 419 IPC.

(b) Be that as it may, the 1st respondent ordered departmental enquiry by appointing an Enquiry Officer. The Enquiry Officer having conducted detailed enquiry submitted his enquiry report dated 15.03.1999, wherein he came to conclusion that charges were proved against the charged employee (CE) / petitioner. Pursuant to the enquiry report, show cause notice was issued to the petitioner and he submitted his explanation. However, agreeing with the findings of the Enquiry Officer and not agreeing with the explanation of the petitioner, the 2nd respondent found petitioner guilty of charges and awarded punishment of dismissal from service with immediate effect.

(c) Aggrieved, the petitioner filed appeal and the 1st respondent dismissed the appeal on 15.12.2003 without considering the grounds submitted by the petitioner in right perspective.

Hence, the writ petition.

3. Heard arguments of the learned counsel for petitioner Sri Lakshmi Priyanvita, on behalf of Sri Vedula Srinivas, counsel for petitioner, and Sri Pathanjali Pamidigantam for P.Raghuram, counsel for respondent.

4. Learned counsel for petitioner while vehemently opposing the proceedings dated 08.09.2003 dismissing the petitioner from service on the basis of enquiry report dated 15.03.1999 and also the appellate order dated 15.12.2003, firstly argued that the enquiry officer found the petitioner guilty of the charges, even though there was absolutely no evidence against the petitioner establishing his complicity in conspiring with other employees and in creation of bogus / false death certificates of the employees and also in arranging false persons as Gedela Suri and his wife and making undue claim for the pension benefits with arrears. Learned counsel would strenuously argue that none of the wit