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S. N. PATHAK
Saraswati Devi – Appellant
Versus
Central Coal Field Ltd. through its Chairman, Ranchi – Respondent
JUDGMENT :
S.N. PATHAK, J.
Present writ petition has been filed by the petitioner challenging the order of punishment dated 04.03.2016, whereby the petitioner has been dismissed from services on the ground that at the time of seeking appointment he had furnished wrong information regarding his name, age and educational qualification.
Petitioner has further prayed for quashing the order dated 06.08.2016, whereby the Appellate Authority has affirmed the order of punishment.
2. The facts of the case is that original writ petitioner was initially appointed under respondent-CCL on 19.09.1988 as CWL Gr.-III at Rajhara Colliery. Thereafter, he was promoted to higher posts and lastly, when he was working to the post of Assistant Loading Inspector, Rajhara Colliery, a charge-sheet dated 16.04.2015 was issued to him on the charge of giving false information regarding his name, age and father’s name, etc. at the time of seeking appointment. The said charge-sheet was issued on the basis of a report of the Circle Officer, Nawa Bazar, Palamau wherein it was revealed that petitioner had passed Praveshika Examination from “Hindi Vidyapith, Deoghar” in the name of “Bijay Kumar Pandey”. The original p
The court established that discrepancies in personal information provided during the appointment process can justify dismissal from service, and that the High Court's role is limited to reviewing the....
Acquittal by benefit of doubt in criminal case does not constitute honourable acquittal and does not vitiate disciplinary dismissal for falsified date of birth, given differing proof standards.
The main legal point established in the judgment is the court's scrutiny of the disciplinary proceedings, finding the charge to be a repeat attempt suffering from unexplained delay, and the failure o....
Mistakes in implementation of disciplinary proceedings do not invalidate findings against impersonation if the misconduct is substantiated. Delays in proceedings, while regrettable, do not excuse fra....
The judgment establishes that appointments made on the basis of forgery or deceit are not valid in law, and disciplinary actions based on such findings are justified.
The appointment being void ab initio precludes the petitioner from claiming reinstatement and other benefits.
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 wrongd....
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