O R D E R

By Akhil Kumar Srivastava, JM.-

The applicant is challenging the order of his dismissal from service dated 22.02.2019 (Annexure A-1). He is also challenging the order dated 17.06.2019 (Annexure A-2), whereby his appeal against the said termination order has been rejected.

2. Brief facts of the case are that the applicant was appointed as Auditor under sports quota on 08.01.2014. Thereafter, he was promoted on the post of Senior Auditor in the year 2017. On 28.02.2018 (Annexure A-6), the applicant was served with a chargesheet alleging that the degree of Bachelor of Arts (General) submitted by the applicant is not recognized. In reply to the chargesheet, the applicant has stated that the University from which the degree was procured was in existence up to 2015. The applicant procured the degree as regular student. The applicant states that during the course of enquiry, he submitted near about 20 documents in support of his case. However, none of those documents were considered by the Inquiry Officer. A final notice was served on the applicant asking the information about co student, professors, resident detail, fee receipts and admits card of examination. In response, the applicant vide his representation dated 13.02.2019 has explained that the fee receipts of the examination as also admit cards are not available with him as he had completed the course way back in the year 2012. Moreover, he has given references of Professors, who had taught the applicant as also names of his batch-mates. But without considering the representation of the applicant, the applicant has been dismissed from service vide the order dated 22.02.2019 (Annexure A-1). The appeal preferred by the applicant against the dismissal order has also been rejected by the Appellate Authority.

3. The applicant stated that he completed his degree of BA (General) from Eastern Institute for Integrated Learning in Management University (EIILMU), Jorethang, Sikkim in the year 2012. This University was recognized one and the UGC vide its letter dated 30.12.2016 has also confirmed regarding recognition of this University till 2015.

3.1 The charges against the applicant pertain to (i) illegal certificate, (ii) invalid degree and (iii) willfully submitting the document to procure employment. In this case, the authorities having failed to prove that the degree obtained by the applicant from EIILMU is illegal, they have shifted the charge to the extent that the applicant was not the regular student of the Institute. The authorities were thus bent upon to punish the applicant in any case.

3.2 Further, the power to confer and decide validity of the degree is vested with UGC only. If the mark-sheet of the applicant is seen, the same is having seal of UGC under Section 22 of UGC Act.

4. In their reply, the respondents have stated that the applicant submitted copy of degree of BA (Gen) examination on 03.07.2015 in the office of respondent No.2. Aforesaid degree with enrolment No. EIILMU (9)/S190482 was issued on 25.05.2015. The copy of degree of graduation of the same University submitted by another official Ms. Jyoti Rani was referred to Vice Chancellor, EIILMU vide letter dated 20.07.2016 for verification of its validity/genuineness but it was returned back unserved with the remarks of postal authorities ‘EIILM closed’.

4.1 After receipt of information about closure of EIILMU, matter of Ms. Jyoti Rani was referred to UCG vide letter dated 31.08.2016 followed by a reminder dated 13.12.2016 for confirmation of validity. The UGC in its letter dated 30.12.2016 informed that EIILMU Sikkim is a private University established under the Act passed by the State Legislature and the EIILMU has been dissolved vide notification dated 30.04.2015. Therefore, for ascertaining the genuineness, the Ministry of HRD, Government of Sikkim may be requested.

4.2 The HRD Department, Government of Sikkim vide its letter dated 16.03.2017 (Annexure A-16) informed that the BA (Geo) and BA (General