Non-examination of the complainant during disciplinary proceedings vitiates the process, infringing natural justice principles, thus justifying overturning of the removal order.

JUDGMENT :

Rajesh Shankar, J.

1. The present Letters Patent Appeal is directed against the Order/Judgment dated 01.10.2024 passed by the learned Single Judge of this Court in W.P.(S) No.3576 of 2019 allowing the writ petition filed by the petitioner/respondent (hereinafter to be referred as the petitioner) and quashing the order dated 07.12.2018 passed by the Additional Secretary-cum-disciplinary authority, Damodar Valley Corporation vide No.F/AS/PS/ Conf./F-03/30 whereby the petitioner was imposed punishment of removal from the services of the corporation with immediate effect as well as the order dated 18.06.2019 bearing No. HR/Disc. & Comp/Complaints & DP ‘C’ & ‘D’/48/913 passed by the Executive Director (HR)-cum-Appellate Authority, Damodar Valley Corporation whereby the punishment of removal of the petitioner from service imposed by the Disciplinary Authority, was affirmed.

2. The factual background of the case as stated in the writ petition is as follows: -

(i) The petitioner was initially appointed as casual worker in Soil Conservation Department of Damodar Valley Corporation at Hazaribagh on 01.10.1974 and worked there on daily wages from 01.10.1974 to 08.01.1994.

(ii) The petitioner along with others filed writ petition being C.W.J.C No. 1907 of 1992(R) on 03.07.1992 seeking their regularisation and pursuant to the order dated 22.07.1993 passed in the said writ petition, the petitioner was regularized on 10.01.1994. Moreover, in all the documents including PAN Card, Voter List, Adhaar Card, etc., his name was recorded as Sukar Koeri S/o Late Nanhu Koeri.

(iii) At the fag end of service of the petitioner, a complaint was filed by one Gangadhar Mahto, so called son of Late Sukar Koeri (hereinafter referred as the complainant) and on the basis of the said complaint, the petitioner was served a memo of charge dated 11.05.2017 alleging that his actual name was Budhan Mahto and he had secured employment in DVC by impersonating himself as his elder brother namely Sukar Koeri who was working in Soil Conservation Department of DVC as casual worker, however, he had already died on 04.07.1979.

(iv) Thereafter, the Director, Rehabilitation & Land Acquisition Department (DRLA), DVC, Hazaribag was appointed as enquiry officer who submitted the enquiry report stating that the writ petitioner had impersonated himself as Sukar Koeri whereas his actual name was Budhan Mahto and had continued in the service of DVC on the assumed name. Hence, he derived monitory benefit as wages/salary along with other consequential benefits by way of impersonation, forgery and cheating.

(v) A copy of the enquiry report was communicated to the writ petitioner which was received by him on 15.11.2018 in response to which he submitted representation dated 19.11.2018 objecting the findings of the enquiry report.

(vi) Thereafter, the disciplinary authority vide order dated 07.12.2018 imposed punishment of removal from service upon the petitioner with immediate effect observing that all charges levelled against him were proved beyond reasonable doubt which were grave in nature involving impersonation, falsification, forgery and mis-appropriation of government/corporation’s fund.

(vii) The petitioner preferred appeal before the appellate authority on 08.01.2019, however, the same was also dismissed vide order dated 18.06.2019 affirming the order passed by the disciplinary authority.

3. Subsequently, the petitioner filed writ petition being W.P.(S) No. 3576 of 2019 challenging the order dated 07.12.2018 passed by the disciplinary authority as well as the order dated 18.06.2019 passed by the appella