O R D E R

The petitioner – workman was appointed as a driver on

24/04/1998 by the respondent – Corporation submitted a Transfer Certificate certifying that he studied upto 4th standard at Government Primary School, Boinahalli Chikkaballapur Taluk and District, having admitted in the said school in the year 1991-92 with his Admission No.10/75-76.

2. On a complaint received by the Corporation, alleging that the workman has submitted bogus transfer certificate along with other documents at the time of appointment and had obtained job in the Corporation, Disciplinary Authority ordered for investigation and appointed Security and Vigilance Officer to conduct investigation and to submit a report. Accordingly, one G.N.Lingaraju Security and Vigilance Officer, investigated the documents submitted by the workman, and submitted a detailed report along with the connected, supportive documents to the Disciplinary Authority. As per the investigation report, the workman had submitted bogus transfer certificate at the time of appointment along with other documents.

3. The Disciplinary Authority, based on the report submitted by the investigating officer, issued articles of charges, reply was submitted by the workman, being dissatisfied with the reply, the Corporation appointed Enquiry Officer to enquire into the charges leveled against the workman. The Enquiry Officer conducted preliminary enquiry and held that the workman was not guilty of the charges leveled against him. The Divisional Security Inspector again conducted reinvestigation and submitted a detailed report along with relevant documentation holding that the workman attended the Government school only till 2nd standard and has not studied upto 4th standard, and further gave a finding that at the time of getting the transfer letter, the workman along with his head teacher had submitted a report that he had obtained the post of driver by amending the documents to show that he has attended the 4th standard and passed in the same school and submitted the same to the Corporation.

An enquiry was conducted on the basis of the said report. The enquiry resolution was submitted stating that, the allegation against the workman has been proved by a comprehensive enquiry. The serious allegation against the workman in the case is that “you along with the school Head Master had submitted the fake documents to the institution to show that you have studied 4th standard and passed and having been selected/recruited for the post of the driver and have defrauded the institution is ineligible to be an employer of the institution.” The material facts clearly indicate that the very appointment to the post is vitiated by fraud, forgery and it would necessarily follow that no constitutional rights occur to the petitioner. The Disciplinary Authority passed the order of dismissal on the ground of the fake certificate having submitted to the Corporation for his appointment.

4. Claim statement filed by the workman under Section 10(4-k) of the Industrial Disputes Act, 1947 (“the ID Act” for short) against the order of dismissal was challenged, before the Industrial Tribunal, contending that the Transfer Certificate produced by the workman is perfectly accurate, genuine and the same is unquestionable one. It is further contended that some minor mistakes have been crept in, which cannot be stated as intentional or deliberate, the said mistakes were due to oversight, by the Transfer Certificate issuing authority and by the said mistake the petitioner had not been put to gain anything.

5. The Corporation filed objections to the claim statement contending that the fake certificate showing the education qualification of the workman as 4th standard which is the requirement to the post of driver has been produced and the employment provided is on the basis of the Transfer Certificate. The Corporation contended that the Disciplinary Authority, on the independent assessment of the facts, circumstances and evidence on record