P.K Kartha, Vice Chairman:— The applicant who has worked as a Peon in the office of the respondents is aggrieved by the impugned order of dismissal from service dated 10.8.1990 He has prayed for his reinstatement with all consequential benefits.
2. The applicant was appointed as a Peon with effect from 2.2.81 on purely temporary and ad hoc basis.
3. Prior to that, he has worked as Waterman in 1977, and as daily wager Peon from 1978 to 1981.
4. On 4.5.90, the respondents served on the applicant a memorandum proposing to initiate disciplinary proceedings against the applicant under Rule 14 of the CCS(CCA) Rules, 1965. According to his version, he denied the “charge that he had given a false certificate to the effect that he had passed 8th class, at the time of his initial appointment in 1981. He has stated in his reply dated 26.5.90 that he had never studied in any school till 8th or more than 8th class. He has contended that the document which is stated to be forged pertains to Jai Narain S/O Harbans Lal whereas the father of the applicant is Ganeshi Lal. The version of the respondents is that he had submitted a certificate in support of his having passed 8th class Examination from Gandhi Memorial Inter College, Mandola, Meerut. On enquiry through the District Education Officer, Ghaziabad, it came to light that the said certificate had been fraudulently obtained. The respondents had received a complaint in 1987 that he had neither stayed nor studied at the said college.
5. The respondents have stated that the applicant in his statement of defence specifically admitted the charge leveled against him, sought pardon and requested for an opportunity for personal hearing. They informed him that there was no provision to give a personal hearing at that stage and that he should specifically admit or deny the charges. They proceeded on the basis of his admission and imposed on him the penalty of removal from service by order dated 10.8.90
6. We have considered the matter carefully. The applicant has stated in his rejoinder-affidavit that he has not admitted in his statement of defence the specific charge and had stated that he possesses educational qualification of VIIIth class, that if the respondents want, he can study VIIIth class and pass the same. Nowhere has he told that he has given a bogus certificate. He sought pardon for the mistake he had committed in not studying VIIIth class and even requested the respondents to revert him to a lower post than that of a Peon where the educational qualification for a Farash was VIIth standard.
7. A delinquent admitting the charge and asking for the opportunity of personal hearing is somewhat incongruous and inconceivable. An apology with a request for personal hearing cannot be treated as an admission and on that basis, the disciplinary authority cannot straightway proceed with the imposition of penalty without holding an enquiry in accordance with the provisions of the CCS(CCA) Rules, 1965.
8. We, therefore, set aside and quash the impugned order dated 10.8.90 and direct that the applicant shall be reinstated in service as Peon within a period of three months from the date of receipt of this order. After reinstating him, the respondents will be at liberty to proceed with the disciplinary proceedings against him from the stage of issue of the chargesheet after holding an enquiry in accordance with the provisions of the CCS(CCA) Rules, 1965. The applicant would be entitled to back wages from 10.8.90 to the date of reinstatement. The interim order passed on 26.12.90 is hereby made absolute.
9. There will be no order as to costs.
10. Application allowed.