SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2018 Supreme(All) 1479

IN THE HIGH COURT OF ALLAHABAD
BEFORE : MRS. SANGEETA CHANDRA, J.
RENU SINGH RATHORE ....Petitioner
Versus
U.P. STATE INDUSTRIAL DEVELOPMENT CORP. LTD. AND ANOTHER ....Respondents
(Civil Misc. Writ Petition No. 27720 of 2015, decided on 12th November, 2018)

Advocates:
Counsel :
Ashish Kumar and Manish Goyal for the Petitioner; Satyam Singh, Arvind Srivastava and S.C. for the Respondents.

Headnote:(A) UPSIDC (Conduct, Discipline and Appeal) Rules, 1998-99 – Rules 38, 39 – Termination – Natural justice – Necessity – In terms of advertisement in absence of possession of essential eligibility qualification appointment of petitioner could not have been made legally – Such appointment having been made illegally and services being confirmed could later on be dispensed with without holding regular disciplinary proceedings under Rule 38 and 39. [Para 46]

       (B) Termination – Illegality/Legality – Fraudulently obtaining selection by getting benefits of sports quota although not belonging to such beneficiary group – Held, cannot be allowed to retain same on ground of lapse of time and equities arising therefrom – Further she could not have been allowed to retain benefit only because regular disciplinary proceedings were required to be conducted under Rules applicable to petitioner. [Para 46]

       Result; Petition Dismissed.

JUDGMENT

Hon’ble Mrs. Sangeeta Chandra, J.—Heard Miss Akansha Sharma, learned counsel holding brief of Shri Manish Goyal, Senior Counsel for the petitioner and Shri Arvind Srivastava, learned counsel appearing on behalf of U.P. State Industrial Development Corporation Ltd. (herein after referred to as the ‘UPSIDC’).

2. This writ petition has been filed challenging the order passed by the Managing Director of the UPSIDC dated 27.1.2015 removing the petitioner from the post of Senior Receptionist-cum-Telephone Operator. It has been submitted by the learned counsel for the petitioner that the respondent No. 2 issued an Advertisement on 19.1.2009 inviting applications from candidates for appointment for the post of Senior Receptionist-cum-Telephone Operator in the pay-scale of Rs. 3050-4590. The petitioner made her application alongwith supporting documents regarding her educational qualifications. The petitioner did not file any certificate relating to Excellence in Sports. She was interviewed and issued an Appointment Letter on 11.8.2009. After working for one year she was also confirmed by an order dated 26.10.2010.

3. It seems that appointment made by the UPSIDC in the year 2008-09 was reviewed at the level of the State Government and Divisional Commissioner, Kanpur Division, Kanpur was asked to submit a report by an order of the Industrial Development Commissioner dated 19.5.2012. Some doubts were expressed regarding sports certificates allegedly submitted by the petitioner as found in the record of the petitioner with respect to participation in a Hockey competition in Guru Nanak Girls Degree College, Sundar Nagar, Kanpur.

4. A show-cause notice was issued to the petitioner on 26.7.2013 asking for her explanation. The petitioner submitted her reply on 25.11.2013 saying that she did not submit any sports certificates for Outstanding Performance alongwith her application and asked for copy of such certificate, if any, found in her record.

5. On 25.2.2014 she was supplied with a copy of the alleged sports certificates alongwith a letter of the Principal of the Government Inter College, Faizabad dated 10.6.2013 denying issuance of any certificate in the year 2004-05. The petitioner was shown documents on 7.2.2014 and copies of the same were provided to her on 24.4.2014. She submitted a detailed reply on 9.6.2014 denying submission of certificates and also denying her signatures on such certificates. It was her case that all certificates submitted by her alongwith application form were self-attested. The signature on other certificates submitted by the petitioner were completely different from the signature appended to the allege sports certificates.

6. On 19.9.2014, a preliminary enquiry was ordered in which two allegations were made against the petitioner i.e. of submitting forged certificates and also that her caste certificate of General Category was not verifiable from the official website.

7. On 9.10.2014, the Enquiry Officer served a charge-sheet upon the petitioner. The petitioner submitted a detailed reply on 5.11.2014 saying that the post of Senior Receptionist-cum-Telephone Operator was advertised as ‘Unreserved’ and the petitioner was unreserved category candidate and she had not submitted any caste certificate. At the time of submission of her application she has not claimed any reservation. Moreover caste certificate issued to General Category people are never uploaded on the website. She also denied having submitted any sports certificates. It has been submitted that no further enquiry was held by the Enquiry Officer, although the petitioner had requested for personal hearing. All of a sudden the impugned order dated 27.1.2015 was served upon the petitioner dismissing her from service. From the said order dated 27.1.2015 the petitioner came to know that the report was submitted by the Enquiry Officer on 24.11.2014. The Enquiry Officer had given a finding that in the tabulation chart prepared by the Selection Committ






















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top