IMPORTANT POINT
The doctrine of proportionality cannot be invoked in cases where the employment is based on a forged document.

JUDGMENT :

Pushpendra Singh Bhati, J.

1. This Special Appeal has been preferred under Rule 134 of the Rajasthan High Court Ordinance, 1952 against the order dated 05.12.2022 passed by the learned Single Judge of this Hon’ble Court in S.B. Civil Writ Petition No.180/2004 (Gyan Chand Vs. The Bharat Petroleum Corporation Ltd. & Anr.), whereby the writ petition preferred by the respondent (hereinafter referred to as ‘writ petitioner’) was disposed of, while remanding the matter back to the appellant-Corporation with a direction to reconsider the same on the aspect of punishment of dismissal imposed upon the writ petitioner.

2. As per the pleaded facts, the writ petitioner was appointed as a Watchman (Grade-II) with the appellant-Corporation vide order dated 12.01.1987, however, was served a charge-sheet in the year 2002 with the allegation of submitting a forged Transfer Certificate at the time of appointment; accordingly, an enquiry was conducted against the writ petitioner and as per the enquiry report dated 20.05.2003, the writ petitioner was found guilty of misconduct, and resultantly, dismissed from service vide order dated 27.11.2003.

2.1. Thereafter, the writ petitioner preferred the aforementioned writ petition before this Hon’ble Court, which was disposed of vide the impugned order dated 05.12.2022 passed by the learned Single Judge of this Hon’ble Court, as mentioned above. Thus, being aggrieved of the same, the appellant-Corporation has preferred the present special appeal.

3. Learned counsel for the appellant-Corporation submitted that it is not a disputed fact that the writ petitioner had provided a forged document at the time of recruitment process and on the basis of the same had proved himself to have the required education qualification for the post of Watchman, due to which he was hired for the said post in the appellant-Corporation, which was nothing but an act of breach of trust.

3.1. It was further submitted that the appellant-Corporation had received a self contended note from C.B.I. against the writ petitioner, and after conducting an indepth enquiry into the matter, giving proper opportunity of hearing to the writ petitioner and taking statements of the concerned witnesses, it was found that the Transfer Certificate of Class VII so submitted by the writ petitioner was a forged document, and such conduct on part of the writ petitioner was considered a grave misconduct, only whereupon, the decision of dismissal from service was taken by the appellant-Corporation against the writ petitioner.

3.2. It was also submitted that even the leaned Single Bench of this Hon’ble Court itself had upheld the enquiry report and held that there was no requirement to interfere with the findings of the enquiry officer, and yet had proceeded to remand the matter back to concerned authority to once again decide the matter on the aspect of punishment, which was not justified in the eye of law.

3.3. It was further submitted that apart from the above, the impugned remand order is also contrary to the precedent law laid down by the Hon’ble Apex court in the case of Indian Oil Corporation Ltd. v. Rajendra D. Harmalkar (Civil Appeal No. 2911 of 2022, decided by the Hon’ble Apex Court on 21.04.2022).

3.4. Learned counsel has also placed reliance on the judgment rendered in the case of Deputy Commissioner, KVS & Ors. v. J. Hussain (Civil Appeal No. 8948 of 2013, decided by the Hon’ble Apex Court on 04.10.2013).

4. On the other hand learned counsel for the respondent/writ petitioner opposed the submissions made on behalf of the appellant-Corporation.

4.1. It was submitted that the Deputy General Manager of the of the Corporation had passed the dismissal order dated 27.11.2023 solely on the basis of the enquiry officer’s report wherein the Enquiry Officer himself was not clear regarding the school from which the requisite information was to be called for, thus the conclusion in question itself cannot be said to have been arrived at after due applicat