Smt. Kanchan Devi vs The Chairman And Managing ...
2023 Latest Caselaw 211 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.6915 of 2021
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Smt. Kanchan Devi Wife of Late Awadh Kishore Prasad Singh Ex Senior Telecom office Assistant (G) Office of the Chief General Manager Telecom, Bharat Sanchar Nigam Limited, Bihar Circle, Parna, Resident of At - 70 Feet, Hullupur Road, Near Ujjawal ITI Vishunpur Pakri P.O. - Anisabad, P.S. - Beur District- Patna, Pin Code - 800002 (Bihar).

... ... Petitioner/s Versus

1. The Chairman and Managing Director, Bharat Sanchar Nigam Limited Corporate Office, Bharat Sanchar Bhawan, Janpath, New Delhi - 110001.

2. The Chief General Manager, Telecomm, Bharat Sanchar Nigam Limited, Bihar Circle, Patna - 800001 (Bihar).

3. The Principal General Manager, Telecomm, Bharat Sanchar Nigam Limited, Office of the Chief General Manager, Telecomm, Bharat Sanchar Nigam Limited, Bharat Circle, Patna- 800001 (Bihar).

4. The General Manager (Hr/Admn.), Bharat Sanchar Nigam Limited Office of the Chief General Manager, Telecomm, Bharat Sanchar Nigam Limited, Bihar Circle, Patna- 800001 (Bihar).

5. The Deputy General Manager (Admn.), Bharat Sanchar Nigam Limited Office of the Chief General Manager, Telecomm, Bharat Sanchar Nigam Limited, Bihar Circle, Patna - 800001 (Bihar).

6. The Additional General Manager (Admn.), Bharat Sanchar Nigam Limited, Telecom District, Patna, Patna- 800001 (Bihar).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Munna Pd Dixit (M.P. Dixit) Advocate Mr. S.K. Dixit Advocate Mr. S.K. Chaubey Advocate Ms. Swastika Advocate For the Respondent/s : Mr.Harendra Prasad Singh Advocate Mr. Santosh Kumar Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 18-01-2023

In the instant writ petition, petitioner has assailed the

order of Central Administrative Tribunal dated 25.10.2019

passed in OA/050/00499/16.

Patna High Court CWJC No.6915 of 2021 dt.18-01-2023

2. The petitioner was appointed on compassionate

ground against class IV post on 11.07.1991 as a Casual

Labourer, thereafter, her services were regularized on

16.08.1994. With reference to the service record read with the

fact that she was alleged to have passed Matriculation, she was

appointed to the post of Group III on 31.03.1995. Thereafter,

official respondents after more than a decade proceeded to

initiate departmental inquiry in framing charges on 25.02.2006

to the extent that Matriculation certificate which stood in her

name was not genuine. The petitioner had demanded certain

documents and it was not supplied to her, however, the inquiring

officer proceeded to hold that the charges leveled against the

petitioner were proved. In the result, disciplinary authority

proceeded to issue a show cause notice along with the Inquiring

Officer's report on 03.09.2013. The petitioner had submitted her

explanation on 15.09.2013, thereafter, disciplinary authority

proceeded to impose the penalty of removal from service on

25.07.2015. The petitioner had submitted appeal against the

order of removal and it was rejected on 20.01.2017.

3. Still aggrieved by the order of the disciplinary and

appellate authority, petitioner invoked remedy under Section 19 Patna High Court CWJC No.6915 of 2021 dt.18-01-2023

of Administrative Tribunal Act in filing OA/050/00499/16

before Central Administrative Tribunal. Central Administrative

Tribunal rejected the Original Application filed by the petitioner

on 20.01.2017 hence, the present writ petition.

4. The matter was heard on number of occasions.

5. On 14.12.2022 the following order was passed.

"Learned counsel for the respondent is hereby directed to secure original records relating to notings of the office Memo No. Estt/Relax-1/91/Minutes dated 08.10.1991 vide Annexure R/1 in order to ascertain whether petitioner has misled the authorities in furnishing that she had passed matriculation and she is entitled to claim Group-C post, in this regard how the department have examined the particulars of the petitioner including education qualification at the time of her appointment.

                                             Re-list    this     matter      on
                                  11.01.2023."

6. Today learned counsel for the respondent on

instruction submitted that records relating to the petitioner are

not available in the office so as to apprise this Court as to

whether petitioner had misled the official respondents in

obtaining the appointment to the post of Group C on

compassionate ground.

7. Perusal of the records shows there are lapses on the

part of the official respondents in not noticing error while Patna High Court CWJC No.6915 of 2021 dt.18-01-2023

scrutinizing petitioner's record and in not taking timely action to

revert her from the post of Group C or issuance of fresh order of

appointment against Class IV post. On the other hand, suo motu

respondents have take a decision in the year 1995 to appoint

petitioner to the post of Group C when she was appointed

against a Class IV employee on ad-hoc basis. There is enormous

delay from the year 1995 to 2006 in not taking timely action

against the petitioner, whereby the petitioner was discharging

the duties of the post of Group C. In a departmental inquiry, the

charges were stated to have been proved, however, due to error

committed by the department and in not taking timely action to

impose penalty of removal from service and it would be too

harsh with reference to number of years of service rendered by

her from the year 1991 till passing of removal order on

25.07.2015. At the best, the official respondents would have

reverted the petitioner from the post of Group C to that of Group

D for which post she was inititally appointed. Therefore,

imposition of penalty of removal from service is shocking to our

conscience. Hence, it is a case for remand to the disciplinary

authority to revisit to the factual aspects and lapses on the part

of the department in not taking timely action and proceed to

impose the penalty other than removal like reverting her to the Patna High Court CWJC No.6915 of 2021 dt.18-01-2023

post of Group D for want of qualification for the post of Group

C. The respondent-department shall not order for recovery of

any difference of pay from the post of Group C, in the light of

Apex Court's decision in the case of State of Panjab and

Others vs. Rafiq Masih (White Washer) and Others reported in

2015 (1) PLJR (SC) 261.

8. Accordingly, the petitioner has made out a prima

facie case so as to interfere with the order of Central

Administrative Tribunal dated 25.10.2019 passed in

OA/050/00499/16 and order of removal dated 25.07.2015 and

the order of the appellate authority dated 20.01.2017 which are

set aside and matter is remanded to the disciplinary authority to

pass a fresh order within a period of three months from the date

of receipt of this order. Afresh order to be passed, shall be

communicated to the petitioner at the earliest.

9. Accordingly, writ petition allowed in part.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J) shoaib/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          24.01.2023.
Transmission Date       NA