Appointing authority must comply with tribunal directive for expert verification of disputed LTIs by retrieving seized documents before rejecting candidature, even after quashing of criminal impersonation case.

O R D E R

PRAMOD KUMAR DAS, MEMBER (A):

The facts and issues involved in both the OAs being found same and similar to each other, albeit we have heard the matters one after the other, this common order would govern both the cases.

2. Earlier, both the applicants filed OA Nos. 359 and 360 of 2016 stating inter alia that they were selected for the post of Gangman/Gr. D in Railways pursuant to Employment Notification No.1/98. But, they could not be appointed on the ground of mismatch of LTI in the attendance sheet for written test and in course of verification. In the said circumstances, FIRs were lodged before the concerned police station by the Respondent-Railway, which were registered as GR Case No. 621/2009 before the Learned JMFC (O), Bhubaneswar. Since, their names did not appear in the charge sheet filed by the Police in the said GR case, both of them, submitted representations praying for their appointment. Thereafter, they approached this Bench by filing OAs, which were disposed of with direction to the Respondent-Railways to consider and dispose of their representations. Respondent-Railway in letter dated 27.04.2016 intimated that their cases will be considered on the basis of report from GEQD and final outcome of GR Case No. 621/2009.

3. The Respondent-Railway filed protest petition, which was registered as ICC Case No. 1906 of 2017. The Learned JMFC (O), BBSR passed order dated 12.02.2018 for taking cognizance of offences under section 419/468/465/420/34 of Indian Penal Code and issuance of process against the applicants, against which order, the applicants filed CRLMC No. 3422 of 2018 & CRLMC No. 3430 of 2018 before the Hon’ble High Court of Orissa and the order dated 12.02.2018 of the Learned JMFC (O), BBSR was quashed by the Hon’ble High Court of Orissa vide order dated 24.06.2019. Thereafter, the applicants filed OA Nos. 359 and 360 of 2016 praying direction to the respondents to appoint them in the post of Gangman/Gr. D. Respondents contested the case of the applicant in OA Nos. 359 and 360 of 2016 stating that the original documents containing their signatures and LTIs were seized by the Police in connection with the GR cases and the same had not been returned so as to send the same to Govt. Examiner of Questioned Documents (GEQD) for verification and report. It was also stated that they have filed IA No. 1863 of 2019 before the Hon’ble High Court of Orissa seeking recalling of order dated 24.06.2019 in CRLMC No. 3422 of 2018 & CRLMC No. 3430 of 2018. Accordingly, it was stated that since the doubt of impersonation is yet to be eradicated, in absence of any report/opinion from GEQD on tainted LTI of applicants and pendency of the IA, the applicants are not entitled to the relief claimed in both the OAs.

4. After due discussions, deliberations and analyzation of the facts and issues involved in both the OAs, this Bench disposed of both the OA Nos. 359 and 360 of 2016 in a common order dated 23.12.2022 with observations and directions as under:

“4. Considered the rival submissions of the parties and perused the records. It is seen that the present cases are having a checkered career of its own and, according to the Respondents, as the original records containing the LTIs of applicants were seized by the police in connection with criminal case and have not been returned, the same have not been verified from GEQD and they have filed IA No. 1863 of 2019 before the Hon’ble High Court of Orissa seeking recalling the order dated 24.06.2019 in CRLMC No. 3422 of 2018 & CR