W.P. (S). No. 3378 of 2013. Case: Smt. Zulu Mondal Vs Damodar Valley Corporation through its Secretary, Director (Tech), DVC and The Chief Engineer. Jharkhand High Court
| Case Number | W.P. (S). No. 3378 of 2013 |
| Counsel | For Appellant: Mr. Sudarshan Shrivastava, Advocate and For Respondents: Mr. S.K. Ughal, Advocate |
| Judges | S. Chandrashekhar, J. |
| Issue | Service Law |
| Judgement Date | Tuesday November 12, 2013 |
| Court | Jharkhand High Court |
Judgment:
S. Chandrashekhar, J.
1. The petitioner has approached this Court challenging the penalty order dated 28.02.2011 and the appellate order dated 06.01.2012. The brief facts of the case are that, the petitioner was appointed as Female Mazdoor on 08.02.1989. On 25.06.2008, a Charge Memo was served upon the petitioner on the allegation that she had produced a forged certificate and procured appointment by producing the forged document. The petitioner submitted her reply on 31.07.2008. An enquiry was initiated and enquiry report dated 26.10.2010 was submitted. A second show-cause dated 31.12.2010 was served upon the petitioner and since, reply to second show-cause was not found satisfactory, the penalty of removal from service was passed on 28.02.2011. The appellate authority dismissed the appeal preferred by the petitioner by order dated 06.01.2012.
2. A counter-affidavit has been filed on behalf of the respondents stating as under:
8. That it is stated that Tilok Mondal resident of village Ayodhaya, P.O. Guniara, P.S. Nituria, District Purulia was a land looser, his lands were acquired by the Government of Bihar for Damodar Valley Corporation, Panchet Project and he was a displaced person. Tilok Mondal had two sons namely, Tarapada Mondal and Shyamapada Mondal and seven daughters namely, Bharti Mondal, Radhika Mondal, Zulu Mondal, Paru Mondal, Sandhya Mondal, Monju Mondal and Budhu Mondal.
9. That it is stated that the petitioner of the present writ application married Dhiren Mondal, son of late Pravas Mondal of village Talberiya, P.S. Panchet (Chirkunda), District: Dhanbad.
10. That it is stated that Dhiren Mondal endorsed his name to suppress the material facts on the basis of false and fabricated documents in Damodar Valley Corporation panel for employment in the list of displaced persons showing himself as son of Tilok Mondal and his name was at serial No. 33 of the panel.
11. That it is stated that the death of Dhiren Mondal the petitioner succeeded to obtain employment in Damodar Valley Corporation fraudulently suppressing the material facts on the basis of false and fabricated documents showing herself as daughter in law of Tilok Mondal all though, she was the third married daughter of Tilok Mondal.
12. That it is stated that the own brothers of the petitioner namely Tarapada Mondal and Shyampada Mondal son of Tilok Mondal made written complaint on 08.05.2007 to the Chairman, Damodar Valley Corporation, Kolkata and on 12.06.2007 to the Chief Vigilance officer, Damodar Valley Corporation, Kolkata, both complaint petitions are very clear and on the basis of the complaint petition the departmental enquiry proceeding was initiated against the petitioner.
13. That it is stated that the appointment offer vide letter No. PL/DDP/Panchet/518 dated 09.02.1989 was given to the petitioner in group "C" on certain condition. One of the conditions at Clause 4 of appointment offer read as follows; "the decision to appoint you on probation is based on the information given by you in the descriptive role, in event of any of the information so supplied is found to be false, your employment shall be terminated without assigning any reason whatsoever".
14. That it is stated that after receiving the complaint of Tarapada Mondal and Shyampada Mondal against the petitioner to the Damodar Valley Corporation, the corporate office issued instruction to initiate proceeding by issuing show cause etc. to the petitioner.
15. That it is stated that the competent authority issued show cause to the petitioner and thereafter on receipt of the reply and dissatisfied with the same, the departmental proceeding was initiated. The petitioner appointed Shri H.B. Mondal in her defense to...
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