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2016 Supreme(Del) 2885

G.S.SISTANI, I.S.MEHTA
LACHI RAM SHARMA – Appellant
Versus
KENDRIYA VIDAYALAYA SANGATHAN – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sarvesh Bisaria and Mr. Prakash Chandra Sharma, Advocate.
For the Respondents:Mr. S. Rajappa, Mr. Dr. Puran Chand, Ms. Salini A.P., Advocate.

JUDGMENT :

G.S. SISTANI, J.

1. Challenge in this writ petition is to the order passed by the Central Administrative Tribunal (in short ‘the Tribunal) order dated 13.09.2006 in OA No. 1200/2005.

2. The petitioner was appointed as a Peon in Kendriya Vidyalaya, Udhampur (J&K) on 10.12.1986. He was confirmed in the year 1988 and later transferred to Delhi and posted at Kendriya Vidayalaya, NTPC, Badarpur. A charge sheet was issued to the petitioner on 13.10.1998 alleging that the petitioner had submitted a fake transfer certificate bearing No.36205 showing a false date of birth and education qualification, in the absence whereof, the petitioner would not be entitled to his post. An Inquiry Officer was appointed. During the pendency of the inquiry various objections were raised by the petitioner including the objection of bias was also raised. In the absence of the defence witness or documents, the charge was proved against the petitioner. A penalty order of termination of the services of the petitioner was passed on 29.05.1999. The petitioner preferred an appeal which was rejected and the same led to filing of OA No. 1237/2000 which was disposed of on 17.05.2002, remanding the matter to




















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