IMPORTANT POINT
The court established that an adoption deed's validity must consider the actual circumstances of the adoption ceremony, and that dismissal based on misrepresentation requires clear evidence of wrongdoing, which was lacking in this case.

JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

Heard the learned counsels for the parties.

2. This writ petition has been filed for the following reliefs:

“(i) For issuance of an appropriate writ(s)/order(s)/direction(s) more particularly a writ in the nature of certiorari for quashing of the order issued vide Reference No.PD/D.Isc/Appeal/22/3475 dated 08.12.2022 (Annexure – 16/1) issued under the signature of the appellate authority/Director (Personnel), Central Coalfields Limited dated 03.12.2022 whereby the appeal dated 16.05.2022 made by the petitioner against the order of dismissal from the service by order dated 11/12.4.2022 issued under the signature of Disciplinary Authority/Project Officer, AADOCM, Dhori Area, Central Coalfields Limited has been disposed of while upholding the order of dismissal passed by the disciplinary authority.

And

(ii) For issuance of an appropriate writ(s)/order(s)/direction(s) more particularly a writ in nature of certiorari for quashing of the original order issued vide Reference No. P.O. (AADOCM)/PD/Disc. Action/Dismissal/2022/155 dated 11/12.4.2022 (Annexure-14) issued under the signature of the Disciplinary Authority/Project Officer, AADOCM, Dhori Area, Central Coalfields Limited whereby penalty of dismissal from the service of the company awarded and imposed upon the petitioner with immediate effect.

AND

(iii) For issuance of an appropriate writ(s)/order(s)/direction(s) more particularly a writ in nature of certiorari for quashing of the enquiry report dated 15.12.2021 (Annexure 12/1) issued under the signature of Enquiry Officer/Chief Manager (Personnel), Central Coalfields Limited, Ranchi whereby the report of the enquiry in matters of charge-sheet dated 1/2.2.2017 in respect of the petitioner submitted holding the petitioner guilty of misconduct imputed against him in terms of Clause 26.22 and 26.41 of the certified standing order of the Respondent Company as applicable to the petitioner.

AND

(iv) For issuance of an appropriate writ(s)/order(s)/direction(s) more particularly a writ in nature of mandamus commanding upon the concerned respondents to reinstate the petitioner in service of the respondent company with full back wages and treating the period of break in service i.e. from 11/12.4.2022, the date of dismissal till the date of reinstatement as period of continuous service without any break for the purpose of applicable service/terminal/retiral benefits.

AND/OR

(v) For further issuance of an appropriate writ(s)/order(s)/direction(s) as Your Lordships may deem fit and proper in the facts and circumstances of the case and in the interest of justice.”

3. Arguments of the petitioner

A. Learned counsel for the petitioner has submitted that primarily the petitioner is aggrieved by the order of dismissal of appeal by the appellate authority as contained in Annexure-16/1 dated 08.12.2022 and also the order of dismissal passed by the disciplinary authority dated 11.04.2022 (Annexure-14).

B. When the petitioner was 14 years of age, he was adopted by Rameshwar Singh and his biological father was the full brother of Rameshwar Singh. The deed of adoption was registered subsequently on 25.01.1985 and the ex-employee of the respondent i.e Rameshwar Singh declared the petitioner as his dependent in his service excerpts also. The learned counsel submits that sometime in the year 1988, Rameshwar Singh applied for voluntary retirement on account of medical unfitness and as per the provision of the National Coal Wage Agreement, the petitioner was offered employment. The petitioner had taken his Class-X examination in the year 1985 and all formalities for taking the exams were completed before adoption wherein he had declared the name of his biological father.

C. The application for the appointment of the petitioner in terms of NCWA on account of the voluntary retirement of Rameshwar Singh on medical grounds was filed by the petitioner on 03.05.1989 and ultimately the petitioner was granted appointment and by this time the