← Library
Madras High CourtWP/16644/2007dismissed

P.Ravichandran v. The Regional Joint Director

2020-12-11Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2020

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.16644 of 2007 P.Ravichandran

...Petitioner

Vs.

The Regional Joint Director, Animal Husbandry (Addl. Charge).

Thanjavur.

...Respondent

Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari to call for the records relating to the order of the respondent in proceedings Na.Ka.No.14474/J/01 dated 24.11.2003, quash the same.

For Petitioner : No appearance For Respondent : Mr.K.Magesh Special Government Pleader

ORDER

This Writ petition has been filed to quash the order of the respondent in proceedings Na.Ka.No.14474/J/01 dated 24.11.2003.

2. The petitioner joined the service of Veterinary pharmacy in Neemicel on 01.04.1984. In order to get promotion, he wrote SSLC examinations in October 1994, April 1998 and October 1998 and received certificates and submitted the same to the respondent herein. Based on the SSLC pass certificate produced by the petitioner, he was promoted as Veterinary Inspector Grade-II. While he was in service, he was served with an order of suspension dated 07.10.2002 alleging that SSLC Mark sheet of the year 1998 submitted by him was found to be forged one and not genuine. Further, he was served with a charge memo dated 20.10.2003 with three charges.

3. He has also submitted his explanation by letter dated 19.01.2003 denying all the charges and the mark sheet was obtained from the Directorate of Examinations and it was not a false certificate and requesting for dropping of charges against him. The same was sent to the committee. The committee after examining the mark sheet, submitted its report stating that the mark sheet is a fake and forged one. After enquiry, by order

dated 24.11.2003, he was removed from service. Challenging the said order, the petitioner filed Original Application before State Administrative Tribunal. Due to abolition of the State Administrative Tribunal, the matter was transferred to the file of this Court and renumbered as W.P.No.16644 of 2007.

4. There is no representation on the side of the petitioner. Heard, learned Special Government Pleader appearing for the respondent.

5. Learned Special Government Pleader would submit that originally the petitioner joined duty as an Assistant in the respondent department. In order to get promotion, he produced SSLC pass certificate and based on the said certificate, he was promoted as Veterinary Inspector Grade II, Karakkathikottai. Thereafter, the respondent department sent the SSLC certificate of the petitioner to the Directorate of School examination for verification. After verification, the Directorate of School Examination sent their report stating that the Mark Sheet is a forged one. Therefore, based on that, a charge memo was issued and after due enquiry and after getting explanation from the petitioner, the respondent department passed the order of dismissal from service against the petitioner.

6. On a careful reading of the entire materials, it is revealed that the petitioner has not passed tenth standard. It was clearly established from the report of the Directorate of School Examination that he produced a forged and bogus certificate, in order to get promotion. Though the Committee has enquired into the matter in detail, after giving opportunity to the petitioner to establish his case that the certificate produced by him is a genuine one, the petitioner failed to prove his case.

7. Even before this Court, the petitioner not represented either himself or through counsel for the last two occasions i.e., on 02.11.2020 and 24.11.2020 and hence, the matter is listed today i.e, on 11.12.2020 under the caption for dismissal. Even today, there is no representation on the side of the petitioner.

8. In view of the foregoing reasons, this Court does not find any infirmity in the order dated 24.11.2003 passed by the respondent. Accordingly, this writ petition is dismissed. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To The Regional Joint Director, Animal Husbandry (Addl. Charge).

Thanjavur.

+1 CC to M/s. A.L. Gandhimathi, advocate sr 40833. +1 CC to The Government Pleader sr 40938.

W.P.No.16644 of 2007 VSNII(CO) SP(19/01/2021)