The inquiry against the applicant was valid, with sufficient evidence supporting the disciplinary actions taken by the respondents.

…….Respondents By Advocate: Mr. Kamal Dave ORDER Per Hon’ble Mr. Justice Rameshwar Vyas, Member (J)

Being aggrieved by memorandum dated 07.07.2012 (Annexure-A/1) framing charges against the applicant along with statement of imputation as also the penalty order dated 01.01.2015 (Annexure-A/2) whereby after inquiry, the applicant was imposed penalty of removal from service, as also order dated 18.03.2015 (Annexure-A/3) passed by the Appellate Authority rejecting the appeal, the applicant has preferred this OA praying for to quash and set aside the above orders and direct the respondents to allow him consequential benefits.

2. Facts of the case in brief are as under:-

2.1 The applicant was initially engaged as a casual Mazdoor on 17.10.1984. He was granted temporary status w.e.f. 01.10.1989. He was regularised on the post of regular Mazdoor on 16.06.1993 and subsequently was promoted to the post of Telecom Mechanic in the year 1995. Vide Memorandum dated 07.07.2012 (Annexure-A/1) three charges against the applicant were framed to the effect that at the time of his regularization on the post of regular Mazdoor, he submitted fictitious and fabricated Mark Sheet of Secondary Examination held by Board of Secondary Education Rajasthan, Ajmer wherein his date of birth was mentioned as 05.10.1960 instead of 05.10.1954. He used this marksheet in the department as his proof of date of birth, hiding the actual date of birth 05.10.1954 shown in documents of schools/colleges of UP.

2.2 Thereafter, an inquiry was conducted. As per the inquiry report dated 30.01.2014, all the charges were found proved against the applicant. Vide Memorandum dated 04.02.2014 (Annexure- A/8), the applicant was directed to submit his representation within 15 days against the inquiry report. Record reveals that the applicant did not file any representation against the inquiry report. Thereafter, vide order dated 01.01.2015 (Annexure-A/2), while endorsing the finding of the inquiry officer, penalty of removal from service with immediate effect was imposed upon the applicant. The appeal filed against the above order was also dismissed vide order dated 18.03.2015 (Annexure-A/3). Being aggrieved with the above, the applicant has preferred this OA with prayer to quash and set aside the memorandum of charges as also order of penalty imposed upon the applicant.

2.3 It is the case of the applicant that the applicant never studied in schools and colleges. He joined on the post of Mazdoor as an illiterate person. He mentioned his date of birth as 05.06.1960. He appeared in Secondary Examination held by the Board of Secondary Education Rajasthan in the year 1986 and failed in the same. The original copy of mark sheet was submitted by him to the department. During inquiry, the applicant requested supply him the documents relied upon by the authority, but the same were not supplied to him. During inquiry, only witnesses No.5 and 6 were examined; other witnesses No.1 to 4 did not give evidence. None of the documents obtained from such witnesses were proved by their respective authors. The inquiry officer has thrown overboard the defence version. The unproved documents have been relied upon and the charges have been held as proved on the basis of conjectures and surmises finding that the applicant submitted a fictitious and fabricated mark sheet of Secondary Exam 1986. The applicant denied the signature on the transfer certificate produced by the department, but the respondent authorities themselves acted as expert and held that transfer certificate pertains to the applicant. The appeal filed by the applicant has been abruptly rejected by respondent No.3 in a mechanical manner. The numerous points raised by the applicant in his appeal have not been examined an