The principle of fair representation and the right to a fair and expeditious resolution in employment disputes.

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 the appellate authority to reconsider the same in view of a transfer certificate bearing No. 2770, which was alleged to be the true certificate of the petitioner. Thereafter the appellate authority rejected the appeal holding the certificate bearing No. 2770 as an afterthought as being tendered at a late stage.

3. An OA No. 516/2003 was filed before the Tribunal, which was disposed of on 04.03.2004 with a direction to the respondent to verify the qualification of the petitioner in view of a Clarification Letter dated 09.01.1999 provided by the School of the petitioner. In compliance of the order of the Tribunal, the Education Officer submitted its report on 23.09.2004 whereby it raised serious doubts over the veracity of the transfer certificate bearing No. 2770 and ultimately held it to be forged. Accordingly, the petitioner was removed from the service and the appellate authority upheld the same. The orders were again challenged by filing of OA No. 1200/2005 which was dismissed and has led to the filing of the present writ petition. When the matter was taken up by this court on 22.08.2014, the following directions were issued:-

“(a) The Registrar General of this court shall nominate a judicial officer presently working as Joint Registrar, in this case, for the purposes of holding an enquiry;

(b) The Joint Registrar so nominated shall either personally visit or call for the records and submit a report as to the nature of the documents and whether the petitioners name indeed appeared in S.No. 2770 of the appropriate register containing a record of Transfer Certificate and School Leaving Certificate issue by the said institution. In this regard, the Enquiry Officer shall also record the statements of the concerned officers or employees of the said institution who maintained the records and also ensure that the photocopies or copies of the said disputed document/documents, derived from any other format – scanning, photograph etc. are placed on the record along with the Enquiry Report. The Enquiry Officer shall indicate his observations as to the genuineness of the original documents and any other remarks that he may think, are appropriate in this regard.

8. The Enquiry Officer shall record his findings/observations with regard to the genuineness of the clarification letter dated 09.01.1999. The petitioner had relied upon it and stated it to have been issued by the said institution. The Enquiry Officer shall complete the entire proceedings and furnish his report within 3 months from today. The parties shall be entitled to take part in the enquiry process.” (emphasis supplied)

4. The Enquiry Officer submitted his report. Meanwhile on 24.11.2014, an application was filed by the respondent No.1 seeking liberty to examine the school authorities at Bhagola, Far