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1975 DIGILAW 308 (KER)

PREM RAJAN v. GENERAL MANAGER, KERALA STATE ROAD TRANSPORT OFFICE

1975-11-28

V.BALAKRISHNA ERADI

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Judgment :- 1. The petitioner was selected by the Kerala Public Service Commission for recruitment as a Blacksmith Grade II in the service of the Kerala State Road Transport Corporation. Ext. P3 dated 3011 1973 is a copy of the memorandum issued to the petitioner by the Secretary of the Kerala Public Service Commission informing the petitioner about his selection. Thereafter the petitioner was appointed as IInd Grade Blacksmith on Rs. 135-255 in the workshop attached to the Water Transport Office of the Road Transport Corporation at Ernakulam as per the memorandum Ext. P5 dated 13th December, 1973. Pursuant thereto the petitioner joined duty and commenced working as a Blacksmith in the said workshop. While so, a memorandum dated 20th of April, 1974 was issued by the Industrial Relations Manager of the Kerala State Road Transport Corporation terminating the petitioner's services on the ground that it had been reported that the petitioner is not suitable for appointment in the service of the Corporation, in as much as enquiries had revealed that the petitioner had furnished false information in the attestation form regarding his previous employment in a private firm. The petitioner has come up to this court with this writ petition seeking to quash Ext. P6. 2. The impugned memorandum Ext. P6 is in the following terms: MEMORANDUM Sub: Recruitment and posting of Blacksmiths Grade II-Shri. M. K. Premarajan, Sl. No. 21 in Public Service Commission Advice List dated 30-11-73 verification character and antecedents regarding Enquiries reveal that Sri. M.K Premarajan (Sl. No. 21 in Public Service Commission Advice List No. Cl (I) 6564/72/CW dated 30-11-73) who was provisionally posted to Divisional Workshop, Ernakulam as Blacksmith Grade II has furnished false information in the attestation form regarding his previous employment in a private firm. 2. In the circumstances it is reported that he is not suitable for appointment in the service of the Corporation. The services of Sri. M. K. Premarajan is therefore terminated forthwith. (SD.) For Industrial Relations Manager." Under the order Ext. P5 dated 13-12-1973 the petitioner had been appointed as a IInd Grade Blacksmith with effect from 14-12-1973 and it was specifically stated therein that he was to be on probation for a period of two years. There cannot be any doubt that the impugned order Ext. (SD.) For Industrial Relations Manager." Under the order Ext. P5 dated 13-12-1973 the petitioner had been appointed as a IInd Grade Blacksmith with effect from 14-12-1973 and it was specifically stated therein that he was to be on probation for a period of two years. There cannot be any doubt that the impugned order Ext. P6 constitutes a termination of service on the basis of an imputation that the petitioner had furnished false information and that he could not, therefore, be regarded as suitable for appointment in the service of the Corporation. In as much as the order undoubtedly casts a serious stigma on the petitioner's character it amounts to the imposition of a penalty as against the probationer. Even if the petitioner were to be regarded as only a provisional hand without probationary rights which however is not the case here it was incumbent on the authority terminating the service of such an employee on the ground that enquiries had revealed that the employee had furnished false information regarding his previous employment in a private firm, to give an opportunity to the employee to make his representations before taking such action. Admittedly, no such procedure had been followed by the respondent before the order Ext. P6 was passed. The impugned order is, therefore, clearly violative of the principles of natural justice and on this ground it has to be held to be illegal and void. 3. The original petition is, therefore, allowed and Ext. P6 will stand quashed. The parties will bear their respective costs. Allowed.