Biplab Kumar Sharma, J.

1. This appeal is directed against the judgment and order dated 5.6.2006 passed in the writ petition being WP(C)154/1995. By virtue of the said judgment and order, the Petitioner, who is the Respondent in this appeal, is entitled to get reinstatement in service upon setting aside and quashing of the impugned order dated 15.2.1995, by which invoking the provisions of Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965, his service was dispensed with on payment of one month's salary in lieu of the notice. By now, almost 17 years have gone by from the date of termination of the services of the Petitioner-responded during which period he is not in service.

2. Shortly stated the fact leading to filing of the writ petition towards assailing the said order dated 15.2.1995 as stated in the writ petition are that the Petitioner was offered the post of Junior Operator (Pump) by the Chief Engineer, Irrigation, Flood Control and Public Health Engineering wing of the Public Works Department, Govt. of Tripura vide Office Order dated 7.5.1990. Pursuant to acceptance of offer of appointment, he was formally appointed vide Office Order dated 4.8.1990.

3. In paragraph 3 of the writ petition, the Petitioner has stated that his father is popularly known as Hiru Deb Barma although his good name is Hiran Chandra Deb Barma @ Hiralal Deb Barma. According to the Petitioner that there was mistake in the name of the village mentioned in the offer of appointment as the Petitioner actually resided in the Village Krishna Kishore Nagar. It has been WA 18 of 2007 Page 3 of 14 stated that he had submitted attestation form in respect of the employment mentioning his address as Krishna Kishore Nagar and also the good name of his father as Hiran Chandra Deb Barma. It has further been stated in the said paragraph that the Petitioner was temporarily residing in the Village Kalkalia in the year 1990.

4. The aforesaid statements made in the writ petition have been indicated in view of the stand of the Respondents that the Petitioner entered into the services of the Respondents by making fraud by way of impersonation, inasmuch as, in fact, one Shri Sanjoy Deb Barma (not the Petitioner) Son of Hiralal Deb Barma, Village - Kalikalia, PS Bishalgarh, West Tripura, was appointed to the post of Junior Operator (Pump) along with 100 others and that the Petitioner taking advantage of the identical name of the appointee joined the post with falsification of documents.

5. After joining of the Petitioner in the aforesaid service, he was issued with the Anenxure-3 Memorandum dated 25.11.1992 asking to clarify the reasons for the discrepancies noticed in the name of his father and address. For a ready reference, the said memorandum is quoted below:

URGENT

CONFIDENTIAL

No. F.4(1998)-IFC&PHE(E)/90

Government of Tripura

Public Works Department: IFC & PHE

Kunjaban: Agartala

Dated, Agartala, the 25/11/1992

MEMORANDUM

Subject: Verification of character & antecedent in respect of Sanjoy Deb Barma, Junior Operator (Pump). According to submission of offer of acceptance & production of attestation form etc., an appointment letter was issued to the following person in the post of Jr. Operator (Pump) vide this Office letter No. F.1(91)-IFC&PHE(E)/81(P-1) dated 4.8.90

Sri Sanjoy Deb Barma,

S/o. Hiralal Deb Barma,

P.O. & Vill: Kalkalia,

Tripura West.

But on scrutiny of the service books of Sri Sanjoy Deb Barma, Jr. Operator (Pump) it is observed that the service particulars have been recorded as follows:

Sri Sanjoy Deb Barma,

S/O. Late Hiran Ch. Deb Barma,

P.O. & Vill: Krishna Kishore Nagar,

PS - Bishalgarh, Tripura (W).

Now, Shri Sanjoy Deb Barma, Jr. Operator (Pump) is requested to clarify the reasons for such discrepancies within 15 (fifteen) days from the date of issue of this letter positively.

Sd/- 25.11.92

(A.K. GHOSH)

EXECUTIVE ENGINEER TO

CHIEF ENGINEER (IFC & PHE) PWD

KUNJABAN: AGARTALA

To

Sri Sanjoy Deb Barma,

Junior Operator (Pump),

C/O. Office of the Executive E