In disciplinary actions, adherence to procedural fairness and opportunity for defense is paramount; failure renders actions arbitrary.

ORDER (Final)

Hon’ble Shri B. Anand, Member (A)

1. Brief facts of the case are that the applicant's husband was appointed as Safaiwala in the service of the Household Establishment of the President's Secretariat, New Delhi on 17.08.1999. Thereafter, he was confirmed in the said post, vide office order dated 26.07.2002. While going through his dossier, the Deputy Secretary, Establishment Section felt it necessary to write a letter to the Principal, Lal Bahadur Shastri H.S.S. High School, Jahara (Bulandshahr), UP on 15.10.2020, to verify the authenticity of the 8^th class passed certificate of the applicant’s husband. The Principal, Lal Bahadur Shastri H.S.S. High School, Jahara (Bulandshahr), UP vide his reply dated 26.10.2020, stated that there are no records with respect to the documents supplied to him by the Deputy Secretary for verification as per the SR No. 1760 pertaining to Mr. Naresh Kumar S/o Kanchi Lal, that is, the applicant’s husband. The Disciplinary Authority on the basis of the said report issued a showcause notice to the applicant’s husband dated 04.11.2020. The respondents had also given an opportunity to the applicant’s (now deceased) husband to make a representation, if any, on the report received by the office from his school. The husband of the applicant replied to this notice on 12.11.2020 stating that that he is an illiterate person and is unaware about the 8th class certificate issued by the above mentioned school. He submitted that the preparation of the application form along with other relevant documents and submission was done by his eldest brother, and that he has no role to place in the application form submitted on his behalf by his brother. The respondents, being unsatisfied with the reply given by the applicant’s husband wherein he had accepted his mistake and requested for pardon stating that he is illiterate, issued a charge memo dated 19.11.2020 for submitting a fake educational certificate and securing his job. Thereafter, an Inquiry Officer (IO) and a Presiding Officer (PO) were appointed on 14.12.2020. The charged officer (CO) was suspended and provided with the charges framed against the applicant’s husband on 19.11.2020, which reads as under:-

“That the said Shri Naresh Kumar S/o Shri Kanchi Lal, Senior Safaiwala, violated Rule 3 (1)(iii) and GoID 23 (5) below Rule 3C of the CCS Conduct Rules, 1964 {the act of conduct of a servant may amount to misconduct if the act of conduct of the employee is such that the master cannot rely on the faithfulness of his employee} as he has submitted fake educational certificate for getting the job in this Secretariat. The authenticity of the certificate has been ascertained by the Principal of the school from where the certificate has been said to be issued and thus Shri Naresh Kumar S/o Shri Kanchi Lal, Senior Safaiwala, acted in a manner unbecoming of a government servant.”

2. A disciplinary enquiry was initiated against the applicant and the preliminary hearing took place on 12.01.2021 and on the basis of the report submitted by the IO dated 15.01.2021 holding the charges as proved without giving time to the applicant’s husband for a personal hearing to explain the circumstances in the evidence against him as per Rule 14(18) of the CCS (CCA) Rules, 1965, held the charges as proved and by their order dated 16.03.2021 removed the applicant from service. It is stated that the statutory appeal dated 02.05.2023 of the applicant’s husband was also rejected by the respondents vide order dated 23.08.2023. Thus, the applicant has filed the present O.A. and sought the following relief vide para 8 of the O.A.:-

“a. To quash and set aside the Impugned Order issued vide Order No. C.-13011/67/19-E