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 fraud in employment matters.

ORDER :

HON'BLE MR. JUSTICE RAJESH SHANKAR

The present writ petition has been filed for quashing the office order bearing no. PO/CH/DISC. Action/2007-08/480-88 dated 26.04.2007 (Annexure-1 to the writ petition) passed by the respondent no. 3 – the Project Officer, Churi Project of CCL, Ranchi whereby the petitioner was dismissed from service of CCL with immediate effect. Further prayer has been made for quashing the show cause notice as contained in letter no. 4172-74 dated 10/11.01.2014 (Annexure-1 series to the writ petition) issued by the respondent no. 3, whereby explanation was sought from the petitioner as to why her retiral dues such as Gratuity, CMPF, Pension and leave encashment be not forfeited on the same ground of immoral conduct for which she was dismissed from service. The petitioner has also prayed for quashing the order dated 12.02.2013 communicated to her vide letter dated 16.02.2013 (Annexure-6 to the writ petition) issued by the respondent no. 5 – the Director (Personnel), Appellate Authority, Central Coalfields Limited, Ranchi, whereby she was informed that her appeal filed against the dismissal order dated 26.04.2007 was rejected.

2. Learned counsel for the petitioner submits that the petitioner had been working as General Mazdoor, Category 1 at Churi Colliery under Churi Project, CCL, Ranchi. In the year 1994-95, she had applied for retirement under Special Female Voluntary Retirement Scheme (SFVRS) as well as requested for employment of her adopted son and accordingly her service was discontinued, however, her son was not given employment on the ground of irregularities and not being genuine. Subsequently, she was allowed to resume duty with effect from 27.07.1998 vide office order No. PO/CH/PD/Resumption Duty/98/861-72 dated 26.07.1998 on the intervention of R.C.M.S Union without paying any salary for three years during which her service remained discontinued. As soon as the petitioner started demanding salary for the said three years, she was issued chargesheet bearing no. PO/CH/C-Sheet/99/498-500 dated 30.04.1999 wherein following allegations were levelled against her:

(i) That you are impersonator and your actual name is Smt. Ashwa Devi but you are working in the name of Smt. Salkho Mahto. Further, you had applied for employment of your son Sri Jagarnath Mahto under special F.V.R.S, who is also not your genuine son.

(ii) You are fraud and have given false information and tried to cheat the company.

3. It is further contended that in respect of the said chargesheet, the petitioner submitted an application dated 03.05.1999 to the respondent no. 4 –the Superintendent of Mines, Churi Colliery, CCL requesting inter alia to reconsider her matter as she had not committed any mistake. Subsequently, vide memo no. 1659-61 dated 25.06.1999 (Annexure-10 to the writ petition), Sri L. N. Prasad, Deputy General Manager was appointed as the enquiry officer and Sri A. K. Singh, Security Officer, Dakra was appointed as the management representative. The petitioner was directed to participate in the enquiry and to produce witnesses along with documentary evidence in support of her defence. The management representative was also directed to produce witnesses and to lead the evidence on behalf of the management before the enquiry officer.

4. It is also submitted that the enquiry against the petitioner was kept pending and, in the meantime, Shri Kumar Prasad, Personnel