JUDGMENT :

RAKESH MOHAN PANDEY, J.

1. In the instant writ appeal, the appellant has challenged the order dated 12.12.2019 passed by the learned Single Judge in Writ Petition No. 22 of 2002, whereby the writ petition preferred under Article 226 of the Constitution of India, challenging therein legality and validity of the order of his dismissal from service dated 28.12.2001 (Annexure P/10), has been dismissed.

2. The brief facts of the present case are that the appellant was appointed as General Mazdoor/Casual Piece Rated Loader under the respondents on 10.05.1984 and in service records his name was entered as Tula Ram, S/o Dev Sai. He was promoted to the post of Clerk Grade III on 13.09.1985, and thereafter, as Clerk Grade II on 20.02.1987 (Annexure-P/1). On 09.10.1999, a notice was issued to the appellant to produce academic certificates and thereafter, on 13.12.2000, again he was directed to produce matriculation certificate. The appellant informed the management of South Eastern Coalfields Limited (for short, ‘SECL’) on 29.12.2000 that his matriculation certificate has been misplaced, and therefore, he may be allowed some time to obtain duplicate certificate.

3. The management instead of granting time to the appellant, issued article of charges on 09/11.01.2001 stating that on 05.10.1999 and 13.12.2000, the appellant was directed to submit matriculation certificate, but same has not been submitted yet, and therefore, it appears that the appellant has committed forgery and cheating with the management and it amounts to serious misconduct. The charges, according to the standing order, are as under:

“26.1 Theft, fraud or dishonesty in connection with the employer’s business or property.

26.9 Giving false information regarding one’s name, age, father’s name, and qualifications in connection with his employment.

26.22 Any willful and deliberate act which is subversive of discipline or which may be detrimental to the interest of the company.”

4. One S.P. Patnaik was appointed as Enquiry Officer. Mr. B.P. Mishra was the Management representative whereas Mr. Manoja Thakur was representative of the appellant. The statement of the appellant was recorded on 24.08.2001, which is evident from Annexure R/1, filed by the respondents, wherein the appellant has stated that he was appointed as General Mazdoor and later on, looking to his academic career, he was promoted to the post of Clerk Grade-III. He has also stated that he was promoted on the basis of his sincerity, honesty and looking to his academic career. He has further stated that notices were issued to him to submit original certificates of academic qualification and matriculation, but on account of heavy rain, his house got collapsed and all the documents were destroyed. In the cross-examination, he has stated that he tried to obtain xerox copy of the mark-sheet from the Management to move an application before the Board of Secondary Education, Bhopal to get duplicate mark-sheet, but he remained unsuccessful. He has also admitted that it is the employee’s duty to submit the document as and when required. Mr. Ramashankar Jha, Clerk Grade-I, was examined as appellant’s witness, who has stated that after due verification of the documents, he was promoted to the post of Clerk Grade-III. He has also stated that he knows the appellant as both were promoted at the same time. From the disciplinary enquiry records filed by the respondents, it is evident that no witness has been examined from the SECL Management. The Enquiry Officer recorded the finding that the appellant has been afforded sufficient opportunity to produce matriculation certificate but he failed. In the service record, name of father of the appellant is recorded as Dev Sai and mother’s name as Laxmi Bai and his service sheet was placed before the Enquiry Officer. The Enquiry Officer held that the appellant could not produce any document regarding qualification and his identity as Tula Ram Son of Dev Sai is required to be verified