Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2022 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (4) TMI 1423 - SC - Indian LawsReinstatement of the original writ petitioner without any back wages and other benefits by substituting the punishment of dismissal imposed by the Disciplinary Authority - Wilful insubordination or disobedience whether or not in combination with another - Giving false information regarding one's age, father's name, qualifications or previous service at the time of employment - whether, in the facts and circumstances of the case the High Court is justified in interfering with the conscious decision taken by the Disciplinary Authority while imposing the punishment of dismissal from service, in exercise of powers under Article 226 of the Constitution of India? HELD THAT:- In the present case, the original writ petitioner was dismissed from service by the Disciplinary Authority for producing the fabricated/fake/forged SSLC. Producing the false/fake certificate is a grave misconduct. The question is one of a TRUST. How can an employee who has produced a fake and forged marksheet/certificate, that too, at the initial stage of appointment be trusted by the employer? Whether such a certificate was material or not and/or had any bearing on the employment or not is immaterial. The question is not of having an intention or mens rea. The question is producing the fake/forged certificate. Therefore, the Disciplinary Authority was justified in imposing the punishment of dismissal from service. Acquittal of the writ petitioner by the Criminal Court for the offences punishable under Sections 468 and 471 IPC in respect of the same certificate - HELD THAT:- The said contention is neither here nor there and is of no assistance to the original writ petitioner. Apart from the fact that he was acquitted by the Criminal Court by giving benefit of doubt and there was no honourable acquittal, in the present case before the Disciplinary Authority the original writ petitioner as such admitted that he produced the fake and forged certificate. Therefore, once there was an admission on the part of the respondent – original writ petitioner, thereafter whether he has been acquitted by the Criminal Court is immaterial. As per the settled position of law, unless and until it is found that the punishment imposed by the Disciplinary Authority is shockingly disproportionate and/or there is procedural irregularity in conducting the inquiry, the High Court would not be justified in interfering with the order of punishment imposed by the Disciplinary Authority which as such is a prerogative of the Disciplinary Authority. It appears that the High Court has denied the back wages and other benefits and has ordered reinstatement on a concession given by the learned counsel on behalf of the original writ petitioner. However, it is required to be noted that for the period between 2006 to 2017 i.e. during the pendency of the writ petition the respondent was working in the Petroleum Division of Reliance Industries - The High Court has exceeded in its jurisdiction in interfering with the order of punishment imposed by the Disciplinary Authority while exercising its powers under Article 226 of the Constitution of India. The impugned judgment and order passed by the High Court in interfering with the order of punishment imposed by the Disciplinary Authority of dismissing the original writ petitioner from service and ordering reinstatement without back wages and other benefits is hereby quashed and set aside - the order passed by the Disciplinary Authority dismissing the original writ petitioner from service on the misconduct proved is hereby restored - appeal allowed.
|