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 government servant, such act is in violation of Rule 3(1)(i), (ii) & (iii) of CCS (Conduct) Rules, 1964.

(ii) Article-II: Shyam Bihari RM acquired appointment as TSM and got regularized as Regular Mazdoor in BSNL on the basis of a work experience certificate which was found to be fake. The instant acts also amounted gross misconduct and violation of the aforesaid CCS Conduct Rules, 1964. Similar charge-sheet has been issued in respect of the other private respondents as well.

4. The learned Central Administrative Tribunal proceeded to quash the charge sheet on the ground of inordinate delay and as a misuse of power and function entrusted to the competent authority. Petitioner herein has assailed the findings of the learned Tribunal and defended their impugned action, inter alia, on the following grounds;

(i) The acts of the respondents herein by which they induced the employer to engage them as temporary status Mazdoor was vitiated by fraud on account of suppression of material facts relating to their work experience.

(ii) A detailed preliminary inquiry undertaken in the year 2016 which is enclosed as Annexure-4 to the writ petition dated 22nd August, 2016 exposed the acts of fraud perpetrated by the respondent in entering into the service. Fraud vitiates the foundation of all acts, therefore, when the fraud was discovered, the initiation of the departmental proceeding through charge-sheet dated 29th December, 2016 cannot be said to be suffering from inordinate delay. Reliance has been placed upon the judgment rendered by the Hon'ble Apex Court in the case of Union of India and others V. M. Bhaskaran reported in (1995) Supp. (4) SCC 100, Devendra Kumar V. State of Uttaranchal and others reported in (2013) 9 SCC 363 and in the case of Avtar Singh V. Union of India and others reported in (2016) 8 SCC 471, in support of his contention.

(iii) The learned Central Administrative Tribunal on two occasions, first by order dated 29th November, 2001 passed in O.A. No. 144 of 1999 and on the subsequent occasion on 24th March, 2015 order passed in O.A. No. 157 of 2013 granted liberty to the BSNL to undertake such an inquiry. The learned Tribunal on initiation of such inquiry on the basis of a definite preliminary report should not have quashed the charge-sheet on the ground of inordinate delay. The impugned orders are therefore, bad in law. The respondents should face the disciplinary inquiry and defend themselves so that the truth comes out.

5. Respondents have seriously contested the claim. According to learned counsel representing them, there is no justification for the inordinate delay in initiation of the disciplinary proceeding nor are there any substance in the merit of the allegations to justify it. Reference is made to the initial appointment of these applicants