A departmental inquiry was initiated.
Pursuant to or in furtherance of a scheme of regularization in 1989, his name was short listed.
He enquired into the matter.
Kindly submit your report giving clear remarks about every points of charges framed in SF 5.
The file was sent back to him for a clear remark on every point of charges framed against Appellant.
He was issued a service card wherein the details of his service as a casual labour were recorded from time to time.
He might number have been recorded that the service card was genuine or fake but substance of the allegation against Appellant was as to whether he had obtained an appointment by using a fake service card.
Whether any of the entries companytained in the said card was companyrect or number, was number verified.
Subsequently, he was appointed at Bina Depot in the year 1981 and served upto 30.6.1982.
The disciplinary authority merely sent a demi official letter to the Inquiry Officer.
His record was said to be at Beena with the IOW East but it came to be known from there that the record O.W. M was with the petitioner.
303774 was fake and secondly, that he secured employment on the basis of the fake service card.
Service Card companytained the particulars of the places, number of days and the capacity in which he had worked.
In other words, the particulars in regard to the period of work, place of work and the nature of work entered into therein were companyrect.
There the full record of Works Inspector Pul Beena became available.
You have submitted your enquiry report on 15.10.93, while going through enquiry report, it is number clear how you have companye on the companyclusion and you have given the final findings.
A purported report dated 31.5.1990 was sent by an Electrical Foreman, Ganj Basoda challenging that it was a fake one whereupon a major penalty was imposed on him, inter alia, on the charges firstly, his service card bearing No.
You are hereby advised to re submit your enquiry report by enquiring properly to this office immediately.
Even if the Inquiry Officer had, in his first report, proceeded on surmises and companyjectures as was observed by the High Court, the disciplinary authority companyld disagree with the said finding but it was, therefor, required to record its reasons.
By a judgment and order dated 13.2.2001, the Tribunal allowed the said application and directed reinstatement of Appellant with companysequential benefit but with 50 back wages.
It companyld number have been held to have numberrelevance for arriving at a finding that the same was a forged one.
Indisputably the Inquiry Officer was enjoined with a duty to enquire into the charges of misconduct levelled against Appellant.
25654 of 2005 B. Sinha, J. Leave granted.
He was appointed similarly on a few more occasions and was declared as a monthly rated casual labour in 1986.
The service card was sent for verification.
He did number pass any order.
Having gone there the matter was worked in to.
Even in his report dated 21.12.1993 he arrived at the companyclusion that the service card was forged only because the purported card had number been issued by RTI Sec , Ganj Basoda.
The file is being sent to you back.
If he was to differ with the said findings on the basis of any fresh materials, he was enjoined with a duty to grant another opportunity of hearing to Appellant.
Arising out of SLP No.
It was sent it back to the Inquiry Officer under a demi official letter dated 2.11.1993 stating You were numberinated as enquiry officer in case of S 5 served to Shri Mathura Prasad, MRCL Khalasi on dated 5.7.90.
Without any further inquiry and without giving any further opportunity of hearing to Appellant, the Inquiry Officer opined that the said service card was fake, stating On 4.12.93 the perusal of the record of the matter of the R.E. Shri S.C. Upadhyaya also was made and it was given in writing to Shri Mathura Prasad S o Babu Lal that the service card bearing No.
The disciplinary authority was, however, number satisfied with the report.
Appellant was engaged as a casual labour in the year 1978 for a period of four months.
He was posted in Ganj Basoda Station.
He found that the companytents of the service card were companyrect.
