The submission of false medical certificates by a government employee constitutes serious misconduct justifying dismissal from service under the Central Civil Services (Conduct) Rules, 1964.

JUDGMENT :

AMIT MAHAJAN, J.

1. The present writ petition has been field under Article 226 /227 of the Constitution of India, 1950, assailing the Order dated 29.05.2023, passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter ‘CAT’) in O.A. No. 1489 of 2015, vide which the orders/charge-memos dated 11.05.2006 and 05.03.2007 were quashed with directions to the Petitioners to reconsider the matter and impose a lesser penalty than “dismissal from service” against the Respondent/ Charged Official - Sh. Manoj Kumar.

2. In the present case, the Petitioner No. 1 is the head of the Indian Audit and Accounts Department, the Petitioner No. 2 is an independent authority/Office under the aegis of the Petitioner No. 1 and the Respondent is a former employee of the Petitioner No. 1.

3. Succinctly stated, the quintessential facets governing the present dispute are that the Respondent had joined service as a Peon on 27.11.1991 and was promoted to the post of Daftry on 01.01.1998 and to the post of Clerk on 03.01.2000.

4. Undisputedly, he was absent without authorization from 04.09.2000 to 29.04.2003, i.e., for a continuous period of nearly three years, without obtaining prior sanction of leave. According to the Respondent, he was suffering from Tuberculosis during this period.

5. Upon joining back service on 30.04.2003, the Respondent submitted Medical Certificate dated 29.04.2003 and Fitness Certificate dated 30.04.2003 purportedly issued by one Dr. T.P. Singh, then CMO, CGHS, Sunder Vihar.

6. Correspondence was thereafter exchanged between the Petitioners and the Central Government Health Scheme (‘CGHS’) authorities seeking verification of the medical and fitness certificates submitted by the Respondent. Vide communication dated 08.02.2006, the Additional Director (HQ), CGHS informed the Petitioners that no such certificates had been issued from the CGHS dispensaries concerned.

7. On 11.05.2006, a charge memorandum was issued to the Respondent alleging submission of false/fabricated certificates. In Reply, the Respondent vide his letter dated 05.06.2006, not only denied the article of charge but also submitted that the medical certificate dated 29.04.2003 and fitness certificate dated 30.04.2003 issued to him by Dr. T.P. Singh were genuine as the doctor had never refused/denied this fact. The Respondent further submitted that Dr. T.P. Singh was still the CMO, CGHS Dispensary, Sunder Vihar, New Delhi and the doctor had again certified on 03.06.2006 that the certificates in question were issued by him.

8. Since, certain additional facts were placed on record which required verification, the above chargesheet was withdrawn. A fresh Chargesheet dated 05.03.2007 was issued against the Respondent alleging giving false statements that Dr. T.P. Singh is still a sitting CMO, CGHS and submission of false/fabricated medical/fitness certificates in connivance with the said doctor, amounting to misconduct under Rule 3(1)(i) and 3(1)(iii) of the CCS (Conduct) Rules, 1964. The Article of charges are as under: -

“Statement of article of charge framed against Shri Manoj Kumar, Clerk

Article

Shri Manoj Kumar, Clerk absented himself from duty w.e.f. 4.9.2000 to 29.4.2003 unauthorisedly Shri Manoj Kumar joined duty on 30.4.2003 and submitted medical certificate dated 29.4.2003 and fitness certificate dated 30.4.2003 alleged to have been issued by Dr. (Captain) T.P. Singh, CMO, CGHS Dispensary, Sunder Vihar, New Delhi in support of his leave for the period from 5.1.2001 to 29.4.2003 on the ground of self-illness. Subsequently it revealed that the medic