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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.VINOD KUMAR
R.Krishnakumar – Appellant
Versus
Engineer in Chief WRD & Chief Engineer (General) Public Works Department, Chepauk, Chennai – Respondent
ORDER :
T.VINOD KUMAR, J.
Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3, learned Additional Advocate General assisted by the learned Government Advocate for fourth respondent and learned counsel for the fifth respondent and perused the records.
2. The petitioner, by the present writ petition has assailed the action of the second respondent in issuing the proceedings vide Aa 1 (2)/2599/2012 dated 29.01.2019 removing him from service as being illegal with consequential direction to quash the impugned proceedings.
3. Briefly put the case of the petitioner is that his father was working as Assistant Executive Engineer in TANGEDCO and had died in harness on 19.10.1998; that he was appointed on compassionate ground as Junior Assistant on 21.10.2007; that he was appointed on compassionate ground had passed SSLC examination and also he possessed Diploma in Textile Technology; that at the time of appointment, he had submitted all the original certificates including SSLC mark sheet; and that he was working honestly and sincerely to the utmost satisfaction of the office superiors from the date of his appointment.
4.
The court emphasized the necessity of providing all relevant documents to a charged employee to ensure a fair opportunity for defense in disciplinary proceedings.
The use of fraudulent documentation for securing employment constitutes grave misconduct, warranting dismissal rather than mere discharge.
The main legal point established is that the High Court's interference with the punishment imposed by the Disciplinary Authority is limited to cases of shockingly disproportionate punishment or proce....
An appointment secured through fraudulent documents is void ab initio, and no formal inquiry is required for cancellation; fraud vitiates all actions taken under such circumstances.
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