The court emphasized the necessity of adhering to principles of natural justice in departmental proceedings, especially regarding evidence authenticity.

Per Kumar Rajesh Chandra, A.M.:-

This OA has been filed by the applicant seeking the following relief:-

“(a) The applicant humbly prays that Dismissal Order, i.e. Memo No. A- 151/L dated 04.11.2022 (Annexure-A/6), Appellate Order i.e. Memo No. Vig/ER/Appeal/Kunal Kumar/SHS/2022 dated 30.06.2023 (Annexure-A/8) and Revisional order i.e. Memo No. Vig/ER/RP/GDS/SHS/2022 dated 14.05.2024 (Annexure-A/10) may be treated illegal and arbitrary and same may be quashed and set aside.

(b) Pass any order/s, as your Lordships may deem fit and proper.”

2. The brief facts of the case, as per the applicant, are as follows:-

(i) The applicant was initially appointed on 24.01.2012 to the post of GDSBPM, Mohanpur B.O. a/c with Nauhatta S.O., Saharsa and he joined to the post of GDSBPM, Mohanpur, B.O. on 03.02.2012 after due process of law.

(ii) While working as GDSBPM, Mohanpur BO, the applicant was served Memorandum of Charge dated 21.01.2019 (Annexure-A/1) in which it was stated that as per verification report dated 14.05.2018 his mark sheet of 10^th Board had not been issued by Bihar Sanskrit Shiksha Board (hereinafter referred to as Board), Patna.

(iii) The applicant came to know that he and many others have been falsely implicated and it is a handy work of one of the Clerks of Divisional office of Saharsa, who had taken signature on the letter dated 05.10.2016 for re-verification from the Board for educational certificates of GDS Employees from the Superintendent of Post Offices of other Postal Division who handled the additional charge of the Superintendent of Post Offices, Saharsa. Thereafter, two false re-verification reports, i.e. Letter No. 435-S/p.t and letter No. 436-S/p.t of same date, i.e. 14.05.2018 [Annexure - A/2(b) and 2(a) respectively] of the Board had been planted in the office and saying that it were issued in pursuance of letter dated 05.10.2016. In the letter No. 435-S/p.t dated 14.05.2018 verification report of 15 GDS is mentioned. In this report it has been mentioned that marks sheet of Sl. No. 1 to 8 of candidates are genuine, whereas marks sheet of sl. No. 9 to 15 of candidates are not issued by the Board. In the letter No. 436-S/p.t dated 14.05.2018 the verification report of 28 GDSs is mentioned in which it has been mentioned that mark sheet of Sl. No. 1 to 15 candidate are genuine, result of sl. No. 16 to 17 of candidates are cancelled, whereas mark sheet of Sl. No. 18 to 28 of candidates are not issued by the Board. Thus, according to the applicant, the above , verification reports are manipulated as the Board cannot issue two letters on the same day for the same purpose. The applicant has been shown at sl. No. 20 in the so called re-verification report, i.e. letter No. 436-S/p.t dated 14.05.2018 wherein it is mentioned that his mark sheet has not been issued by the Board.

(iv) The applicant had denied the charges on 28.03.2019 (Annexure-A/3) and thereafter he participated in the departmental proceeding but the Enquiry officer had not acted in a fair manner and was having biased attitude towards the applicant.

(v) The applicant was served enquiry report vide memo dated 13.05.2022 (Annexure - A/4) and he was directed to submit his defense within 15 days. The applicant submitted his representation against the enquiry report on 16.08.2022 (Annexure - A/5), but the Disciplinary Authority without making any comment on his representation against Enquiry report and without issuing show cause of the proposed punishment, passed an order of dismissal on 04.11.2022 (Annexure-A/6) without any cogent reason.

(vi) The applicant then preferred an appeal on 21.11.2022 (Annexure- A/7)