TMI Blog2022 (4) TMI 1423X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r was initially appointed in the year 1982 as a casual employee. He moved an application seeking the position of Refueling Helper, wherein under the heading of qualifications, he mentioned that he has passed Secondary School Leaving Certificate (hereinafter referred to as SSLC ) in April, 1986 from Karnataka Secondary Education Board. That he was thereafter appointed as Helper as per the regularization policy regularizing the casual employees, inter alia, subject to the contents prescribed in the application form for employment being correct. At that stage also the original writ petitioner submitted SSLC of Karnataka Board bearing No.206271 dated 19.05.1986. 2.1 In the year 2003, the Chief Vigilance Officer of the Corporation received a complaint that the original writ petitioner had secured his job as Refueling Helper by submitting a false and forged SSLC. Similar complaint was also made to the police authorities also. 2.2 Despite repetitive requests and follow up by the authorities, original writ petitioner did not submit the original SSLC Certificate. On the contrary, the original writ petitioner sent a communication wherein it was mentioned that the original SSLC h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court. It was the case on behalf of the original writ petitioner that he admitted the alleged guilt of misconduct on the assurance of a lenient view being taken by the authorities. It was also argued that there was no minimum educational qualification and age limit (minimum or maximum) prescribed to secure the job or even for the promotion. It was submitted that therefore in such circumstances, it cannot be said that he had submitted a false and forged certificate with an attempt to secure the job or promotion. That the certificate was produced only for the purpose of record and there was no dishonest intention to grab the job or promotion. It was also urged that the Criminal Court had acquitted him and that he had a good service record and that the first charge of insubordination is not established. The High Court framed only one point for determination, namely, whether the punishment imposed upon the petitioner is grossly disproportionate to the misconduct committed by the petitioner. By the impugned judgment and order the High Court observed and held that the punishment imposed upon the original writ petitioner was grossly disproportionate to the misconduct and interfered with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a good service record, are all irrelevant and/or not germane. 3.3 It is submitted that the High Court has not properly appreciated the fact that the Criminal Court acquitted the original writ petitioner by giving him a benefit of doubt and there was no honorable acquittal. 3.4 It is contended that it is immaterial, whether, there was a minimum qualification or age limit prescribed for the job or promotion or not and therefore there was no intention to secure the job by producing the fake/forged certificate. It is submitted that it is a case of TRUST and therefore when the Disciplinary Authority/employer loses the Confidence and TRUST in such an employee who submitted a forged/fake certificate, the High Court ought not to have interfered with the order of punishment imposed by the Disciplinary Authority. 3.5 Relying upon the decision of this Court in the case of Om Kumar v. Union of India, (2001) 2 SCC 386; Union of India v. G. Ganayutham, (1997) 7 SCC 463; Union of India v. Dwarka Prasad Tiwari, (2006) 10 SCC 388; and Union of India v. Diler Singh, (2016) 13 SCC 71, it is submitted that while interfering with the order of punishment imposed by the Disciplinary Au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of punishment imposed by the Disciplinary Authority and has ordered reinstatement without any back wages and promotion, the same is not required to be interfered with by this Court in exercise of powers under Article 136 of the Constitution of India. 4.5 Making the above submissions it is prayed to dismiss the present appeal. 5. Heard learned counsel for the respective parties. 6. By the impugned judgment and order, the High Court, in exercise of powers under Article 226 of the Constitution of India, has interfered with the order of punishment imposed by the Disciplinary Authority and has ordered reinstatement without back wages and other benefits by observing that order of punishment of dismissal from the service imposed by the Disciplinary Authority is disproportionate to the misconduct proved. Therefore, the short question which is posed for consideration by this Court is, 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 In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Pradesh Gramin Bank) v. Rajendra Singh, (2013) 12 SCC 372, in paragraph 19, it was observed and held as under: 19. The principles discussed above can be summed up and summarised as follows: 19.1. When charge(s) of misconduct is proved in an enquiry the quantum of punishment to be imposed in a particular case is essentially the domain of the departmental authorities. 19.2. The courts cannot assume the function of disciplinary/departmental authorities and to decide the quantum of punishment and nature of penalty to be awarded, as this function is exclusively within the jurisdiction of the competent authority. 19.3. Limited judicial review is available to interfere with the punishment imposed by the disciplinary authority, only in cases where such penalty is found to be shocking to the conscience of the court. 19.4. Even in such a case when the punishment is set aside as shockingly disproportionate to the nature of charges framed against the delinquent employee, the appropriate course of action is to remit the matter back to the disciplinary authority or the appellate authority with direction to pass appropriate order of penalty. The court by itself ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ests. Thereafter, he came up with a case that the original SSLC was misplaced. He was then called upon to obtain a duplicate copy of the SSLC and to submit the same to the Manager, ER. However, he continued to evade obtaining the duplicate certificate from Karnataka Board. Only thereafter the Manager, ER directly contacted the authorities of the Board and requested the Education Board to check up from their records and only thereafter it was revealed that the SSLC produced by the original petitioner was forged and fake and belonged to or related to some another student and it did not belong to the original writ petitioner. This shows the malafide intention on the part of the original writ petitioner. 7.4 Now, so far as the submission on behalf of the original writ petitioner that he was acquitted by the Criminal Court for the offences punishable under Sections 468 and 471 IPC in respect of the same certificate is concerned, 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 bef ..... X X X X Extracts X X X X X X X X Extracts X X X X
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