JUDGMENT :

1. With consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality.

2. The instant intra-court appeal, under Clause 10 of the Letters Patent, is directed against the order/judgment dated 15.09.2020 passed by learned Single Judge in W.P. (S) No. 4315 of 2018 whereby and whereunder the writ petition was dismissed declining to interfere with order dated 22.06.2018 by which the writ petitioner was dismissed from service w.e.f. 10.03.2018.

3. The brief facts of the case, as per pleadings made in the writ petition, which are require to be enumerated, read as hereunder:

The writ petitioner was appointed on the post of Dumper Operator, Category-I on 20.04.1979. A notice for retirement under superannuation was served upon him vide notice dated 16.10.2017, whereby it was informed that he is going to retire w.e.f. 31.03.2018. But, before superannuation, charge-sheet dated 13.12.2017 was drawn against the petitioner vide Memo No. 2162 dated 13.12.2017, whereby the petitioner was show caused as to why the petitioner be not dismissed from service on the allegation that he impersonated to be son-in-law of one Dinu, ex-employee, Kargali Washery, CCL, Bokaro. The writ petitioner submitted reply denying the charges leveled against him but the authorities concerned being dissatisfied with reply initiated disciplinary proceeding after framing of charge. The enquiry officer concluded the enquiry and submitted enquiry report in which the petitioner was found guilty of the charges. Pursuant thereto second show cause along with copy of enquiry report was handed over to the petitioner vide show cause notice dated 16.03.2018, to which he replied vide letter dated 22.03.2018 denying all the charges leveled against him.

However, during pendency of the disciplinary proceeding, petitioner preferred a writ petition being W.P. (S) No. 381 of 2018 with a prayer to quash the charge-sheet issued against him on the ground that punishment of dismissal was indicated in the chargesheet itself. The Co-ordinate learned Single Judge, after hearing the parties passed interim order dated 14.02.2018 directing the enquiry officer not to pass any final order in the departmental proceeding. The aforesaid writ petition was dismissed as withdrawn vide order dated 11.04.2018, however, later, vide order dated 22.06.2018 the writ petitioner was dismissed from service w.e.f. 10.03.2018.

Being aggrieved with the order of dismissal, writ petition being W.P. (S) No. 4315 of 2018 was filed on the ground that the order of dismissal since was passed after superannuation of writ petitioner i.e., after 31.03.2018, it is void ab initio as there is no provision under the relevant Discipline & Conduct Rules to pass order of dismissal after superannuation of one or the other workmen from service.

The CCL-Management appeared and contested the case taking the ground that the appointment of the writ petitioner was found to be obtained on the basis of fraud committed by him as he impersonated himself to be son-in-law of one Dinu, the ex-employee of Kargali Washery, CCL, Bokaro, who died in harness, for which, a preliminary enquiry was conducted, in which, the allegation leveled against the petitioner was found to be prima facie true. Therefore, show cause notice was issued to writ petitioner to reply the allegation of impersonation in getting employment on compassionate ground due to death of said Dinu, ex-employee, Kargali Washery, CCL, Bokaro. The aforesaid allegation was denied but the same being found not satisfactory, the writ petitioner was subjected to domestic enquiry, in which, he participated and availed the opportunity to defend himself as also cross-examined the witnesses produced by the CCL-Management. The enquiry officer found the charges proved against the petitioner, basis upon which the disciplinary authority imposed the punishment of dismissal from service. It was further