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2018 Supreme(Jhk) 546

APARESH KUMAR SINGH, RATNAKER BHENGRA
Bharat Sanchar Nigam Limited – Appellant
Versus
Shyam Bihari – Respondent


Advocate Appeared:
For the Appellant :V.P. Singh, Biren Poddar, Sr. Advocates, B.K. Poddar, Vikash Pandey, Piyush Poddar and Darshana Poddar Mishra, Advs.
For the Respondent:S.K. Dubey and M.P. Dixit, Advocates

JUDGMENT :

1. Heard learned counsel for the parties.

2. Learned Central Administrative Tribunal, Circuit Bench at Ranchi proceeded to quash the charge memo dated 29.12.2016 issued against the applicants-respondents herein by the impugned order dated 1st August, 2017 (Annexure-7) which has aggrieved the respondent-petitioner herein Bharat Sanchar Nigam Limited (BSNL) to approach this Court in the present writ petition.

3. We feel appropriate to refer to the articles of charge contained in Memorandum dated 29th December, 2016 (Annexure-5) hereinbelow;

(i) Article-I: Shri Shyam Bihari RM who was engaged as temporary status Mazdoor on the basis of working as casual labourer during the period 1988 to March 1996 as stated in the records have been found to be fake at a later stage. This work experience for a period of 2430 days was adduced with ill motive to defraud the Bharat Sanchar Nigam Limited, which amounts to an acts of moral turpitude by way of dishonesty, cheating, fraud, forgery and prejudicial to the interest of the company. It amounts to gross misconduct and failure to maintain absolute integrity and devotion to duty and having acted in a manner which is also unbecoming for a gove



























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