The main legal point established in the judgment is the requirement to conduct a fair inquiry in disciplinary proceedings and the need to adhere to the principles of natural justice. The court emphasized the importance of remitting the case back to the Disciplinary Authority to conduct a fair inquiry from the point it stood vitiated.

JUDGMENT

Anoop Kumar Mendiratta, J.

1. The challenge in this writ petition is to an order dated January 12, 2022, passed by Central Administrative Tribunal (hereinafter, referred to as Tribunal) in O.A. No. 4280/2018, whereby the O.A. filed by the respondent was partly allowed in the following terms:

"20. In the aforesaid facts and circumstances, we are of the considered view that OA deserves to be partly allowed and the same is accordingly partly allowed with the following orders:

(i) The impugned inquiry reported dated 22.12.2017 (Annexure A-2), penalty order dated 17.1.2018 (Annexure A-3) passed by the Disciplinary Authority and the Appellate Authority's order dated 24.10.2018 (Annexure A-4) are set aside;

(ii) The respondents are directed to re-instate the applicant forthwith;

(iii) The applicant shall be entitled for consequential benefits in accordance with the relevant rules and law on the subject and the respondents shall pass an appropriate speaking order in this regard within four weeks of receipt of a copy of this Order; and

(iv) The respondents shall be at liberty to proceed in the matter, if they so decide, however, in accordance with law."

2. In brief, the respondent was appointed as Caretaker in Safdarjung Hospital on July 25, 1986, as per Recruitment Rules on the basis of matriculation certificate i.e. Higher Secondary School Examination 1982 from the Board of Secondary Education, Madhya Pradesh, Bhopal. Respondent was promoted in the course of his service to the post of Chief Sanitary Superintendent on January 01, 2000. Vide memorandum dated December 26, 2012, Central Vigilance Commission forwarded a complaint dated August 13, 2012, received by CVC against respondent Surender Kumar and one Shri O.P. Sharma, DDA, including disappearance of respondent's educational qualification certificate of eligibility. It was informed that the complaint is not an anonymous one and had been forwarded under "Public Interest Disclosure Resolution" keeping the identity of the complaint secret. Accordingly, memorandum was issued to Vigilance Officer, Safdarjung Hospital for taking necessary action.

3. Consequently, respondent was directed to produce original certificate of his educational qualification before the Section Incharge of Admn. II. In response to reminder dated April 12, 2013, issued to the respondent, it was informed that the information has already been given to the Vigilance Officer. The necessary documents were stated to have been submitted to the Administrative Section from time to time in original but the same were not returned to the individual concerned. However, respondent failed to file any proof of submission of original certificates. An NCR No. 180/2014 was also furnished by the respondent.

4. In response to the letter issued by the Administrative Section for verification of genuineness of certificates pertaining to Sanitary Inspector Diploma of the year 1984 as well as Senior School Examination Certificate 1984 issued vide S. No. DSSC/84 001500, Roll No.301991 dated June 15, 1984, the verification reports dated July 02, 2015 and July 30, 2015 were respectively received.

Also, letter dated June 24, 2015, was sent to Director/Secretary, Board of Secondary Education, Madhya Pradesh, Bhopal regarding verification of Mark Sheet of Higher Secondary School submitted by the respondent bearing certificate `S No.236825 Roll No.1557766, in the name of Surender Kumar S/o Shri Ishwar Singh.

5. In response, letters dated December 18, 2015 and June 25, 2016, were received from the Office of Board of Secondary Education, Madhya Pradesh, Bhopal, wherein it was stated that upon comparison, discrepancies/variations have been observed qua the certificate forwarded by the department vis-a'-vis record of the Board. It was therein mentioned that as per record of the Board, Shri Surender Kumar S/o Shri Ishwar Singh having Roll No.157766, and Mark Sheet serial No.054283 appeared for Higher Secondary Examination in 1982 from Centre N