ORDER:

This writ petition is filed seeking following relief:

“….to issue writ of Mandamus to declare that the impugned proceedings dated 25.11.2012 issued by the 2nd respondent as arbitrary non-est, illegal and opposed to principles of natural justice; reinstate the petitioner with back wages, order pay and allowances to be paid to the petitioner for the period of her absence to which she should have been entitled has she not been removed from service by the 2nd respondent and treat the said period as period spent on duty…”

2. Heard Sri A. Rajendra Babu, learned counsel for the petitioner and learned Assistant Government Pleader appearing on behalf of learned Additional Advocate General office.

3. Brief Facts of the case:

3.1 The petitioner submits that she was appointed as helper in NOH workshop unit from November 1982 on daily wages and continued in the same post on consolidated pay with effect from 01.11.1986 through proceedings issued by respondent No.2 vide RC No.EE18/D dated 05.11.1986 and her services were regularized as Helper(Technical) with effect from 01.11.1988 and she is physically handicapped person with fifty five(55) percent disability. She is discharging her services since last thirty(30) years without any adverse remarks.

3.2 The petitioner further submits that on 27.03.2010 respondent No.1 issued proceedings vide Memo No.488/APVCC/Estt/2010-D-65 directing the unit officers of the twin cities to furnish the date of birth, education qualification, service register and other particulars of the employees working in their units. Pursuant to the same, the unit officers directed the petitioner to furnish proof of her date of birth. In pursuance of the same, the petitioner submitted her school transfer certificate dated 09.10.1984 issued by the Headmaster, Central Primary School, Maheshwaram, Ameerpet, R.R.District.

3.3 The petitioner further submits that on 17.07.2012, respondent No.1 issued a show cause notice directing the petitioner to submit her explanation on the ground that the certificate produced by her was found not genuine as per the report of the Headmaster. The petitioner sought time to submit her explanation which was not granted by respondent No.1 on the ground that respondent No.2 issued charge memo vide RC.No.1052/2012/Estt. dated 04.08.2012

3.4 On 07.08.2012, respondent No.2 appointed one Sri P.V.Ramana Murthy, Project Officer as an enquiry officer to conduct enquiry into the charges framed against the petitioner and directed him to submit report along with his findings by 25.08.2012. The petitioner further submits that on 14.08.2012 she submitted her explanation denying the charges leveled against her.

3.5 On 16.08.2012 enquiry officer had issued notice to the petitioner to attend before him and to submit explanation along with supporting evidence. She further submits that on 25.09.2012 the enquiry officer submitted his report to respondent No.2 and found the petitioner guilty of the charge and further opined that the petitioner has committed an offence in producing false school certificate which is considered to be a major misconduct and criminal breach of trust, as per Cr.P.C and is liable for prosecution.

3.6 The petitioner further submits that on 25.11.2012 respondent No.2 passed the impugned order removing the petitioner from the services, without giving proper opportunity and without following procedure laid down under the Service Regulations of the respondent Corporation and the same is clear violation of principles of natural justice and contrary to law.

3.7 Respondent No.2 filed counter contending that the respondent corporation after following due procedure under law and also after giving opportunity to the petitioner passed the impugned order, especially after conducting enquiry. He further submitted that the petitioner has submitted false school certificate and the school authorities have also confirmed the same. The petitioner has committed offence by producing false transfer school certificate