Allahabad High Court
Up Sahkari Chini Mills Sangh Ltd. ... vs Anil Kumar Yadav And Another on 12 July, 2023
Bench: Sunita Agarwal, Anish Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:137385-DB
Court No. - 29
Case :- SPECIAL APPEAL No. - 480 of 2023
Appellant :- Up Sahkari Chini Mills Sangh Ltd. And 2 Others
Respondent :- Anil Kumar Yadav And Another
Counsel for Appellant :- Ravindra Singh
Counsel for Respondent :- C.S.C.,Siddharth Khare
Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Ravindra Singh, learned counsel for the appellants and Sri Ashok Khare, learned Senior Advocate assisted by Sri Parashar Pandey, learned counsel for the respondent.
2. Having perused the record, we find that the writ petitioner / respondent herein has been selected and appointed on the post of Assistant Engineer (Mechanical) with the appellant herein in the year 2016, pursuant to an open selection process which was conducted by the competent authority. It seems that certain irregularities in the selection were reported and some enquiry was conducted. A charge sheet dated 28.05.2021 was served upon the writ petitioner leveling the charge that the writ petitioner though had obtained the requisite qualification of B-Tech degree in the year 2014, but the work experience has been shown to have acquired between 01.09.2010 to 31.01.2013, which was prior to obtaining the B-Tech degree. The writ petitioner, as such, was not eligible to participate in the selection. A further statement in the same charge is that the writ petitioner had submitted a wrong / doubtful experience certificate, though he was not qualified to participate in the selection.
3. The enquiry report dated 02.07.2021 refers to a document namely the communication dated 05.11.2020, allegedly issued to the employer, which had issued the work experience certificate submitted by the writ petitioner, from 01.09.2010 to 31.01.2013. Though, there is a mention in the enquiry report that the said experience certificate has not been verified, but there is no categorical statement as to whether the employer had replied to the letter dated 05.11.2020. The communication dated 05.11.2020 allegedly issued for verification of the experience certificate has not been brought on record of the instant appeal. There is no statement in the charge with regard to any forgery committed by the writ petitioner in obtaining the work experience certificate, which was the basis of his selection in the year 2016.
4. On a pointed query made by the Court, the learned counsel for the appellants admits that no counter affidavit has been filed in the writ petition. It is an admitted fact of the matter that the writ petitioner was working on the post of Assistant Engineer (Mechanical) since the year 2016 till the order of cancellation of his appointment dated 10.04.2023 has been passed by the Disciplinary Authority based on the enquiry report dated 07.02.2021. The service of the writ petitioner has never been suspended during the course of enquiry.
5. We, therefore, find that the question as to whether the writ petitioner has obtained appointment by submitting forged/wrong experience certificate, is the issue which is required to be examined by the Writ Court, after exchange of affidavits of the parties.
6. For the aforesaid, we do not find any merit in the arguments of the learned counsel for the appellants that passing of the interim order permitting the writ petitioner to continue in service, amounts to passing of a final order. The reference to the judgment and order dated 12.07.2022 passed by the Division Bench of this Court in Special Appeal No. 306 of 2022 (Vice Chairman Abss Institute of Technology Vs. State of U.P. and Others) relied by the learned counsel for the appellant is of no benefit to him.
7. The appeal is, thus, dismissed being devoid on merits.
Order Date :- 12.7.2023
Ashish Pd.
