Termination of employment based on alleged submission of a fake caste certificate without due process violates principles of natural justice.

JUDGMENT :

GKARDAK ETE, J.

Heard Mr. G.N. Sahewalla, learned senior counsel assisted by Mr.H.K. Sarma, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned standing counsel, Revenue Department for the respondent No.1, Ms. A. Talukdar, learned counsel for the respondents No. 2, 3 & 4 and Mr. A. Sarma, learned counsel for the respondents No. 5, 6 and 7.

2. Challenge made in this petition is to the termination letter dated 23.06.2022 issued by the GM (HR Acquisitions) Officiating for Resident Chief Executive, Oil India Limited, Duliajan, whereby, the appointment of the petitioner as Assistant Operator-I/Assistant Mechanic-I/Assistant Technician-I (Field Engineering) Grade-V, is terminated with immediate effect and blacklisted from applying against any vacancy of Oil India Limited in future on the ground of submission of fake/false Schedule Caste (SC) Certificate.

3. The facts of the case, in brief, are that pursuant to the advertisement by the Oil India Limited inviting application from eligible candidates from its production and exploration area in the district of Dibrugarh, Tinsukia and Charaideo of Assam and Changlang district of Arunachal Pradesh for recruitment to the post of various posts including 15 nos. of posts of Assistant Technician-I (Instrumentation) Trainee, Grade-V/Assistant Technician-I (Instrumentation) Inspection Trainee Grade-V, which was distributed amongst the various categories of ST, SC, OBC (NCL) and UR, the petitioner being eligible applied for the said posts of Assistant Technician-I (Instrumentation) Trainee, Grade-V/Assistant Technician-I (Instrumentation) Inspection Trainee Grade-V, under SC category by submitting his application along with all requisite documents. The petitioner claims to be belong to SC category.

4. After various stages of selection process including written test and viva voce, the petitioner was selected as per the final result under unreserved category in spite of the fact that the petitioner duly applied for the post under SC category. Accordingly, the petitioner was appointed as Assistant Operator-I/Assistant Mechanic-I/Assistant Technician-I (Field Engineering) Grade-V on probation for a period of 12 (twelve) months w.e.f. 11.08.2021 vide appointment order dated 11.08.2021. Accordingly, the petitioner joined the said post in the Oil India Limited, Duliajan, Assam.

5. It is the contention of the petitioner that while he was serving in the said post, the petitioner was served with an impugned termination letter dated 23.06.2022, on the ground of submission of alleged fake/false SC certificate by stating that the petitioner’s SC certificate does not match with the official issue register maintained in the Office of the respondent and the respondent No.4 in his report stated that no such certificate was issued during the relevant period. The respondent authorities have issued the impugned termination letter by purportedly invoking the Clauses 2.0 and 5.7.1 of appointment letter without issuance of any notice to the petitioner which is not only in violation of principle of natural justice but also requirement under the terms of the advertisement.

6. Mr. G.N. Sahewalla, learned senior counsel for the petitioner, submits that a perusal of the impugned Termination letter bearing no. HRAQ/TERM/22-2919 dated 23.06.2022 would reveal that the Respondents have sought to resort to the impugned termination in pursuance to the letters dated 10.01.2022 and dated 25.05.2022 issued by the respondent no. 2 and report issued by the respondent no. 4, of which, the petitioner had no knowledge, nor the petitioner was ever intimated that the respondents have conducted such verification/re-verification of documents. Therefore, the verification/re-verification of documents or enquiry conducted by the respondents being behind the back of the petitioner and the petitioner having been totally deprived of an opportunity to represent his case, has been subjected to grave prejudice as the petitioner