Kishan Mandal v. Union of India through the General Manager Eastern Railway, Kolkata
2014-05-02
R.BANUMATHI, SHREE CHANDRASHEKHAR
body2014
DigiLaw.ai
Order Since the petitioner was denied appointment on compassionate ground, aggrieved, he approached the Central Administrative Tribunal, Patna Bench, Patna (Circuit Court at Ranchi) in O.A. No. 184 of 2011 (R). The said Original Application has been dismissed by impugned order dated 22.01.2013 and therefore, the petitioner has approached this Court by filing the present writ petition. 2. The father of the petitioner namely, Late Chandi Mandal died in harness on 26.05.2008. He was employed as Trackman under SE/P. Way/Asansol. The family of the petitioner comprises of three members, the mother and the younger brother of the petitioner being the other members of the family. After the death of his father, his mother submitted an application to the Senior Divisional Personnel Officer, Eastern Railway, Asansol on 10.08.2009 for appointment of the petitioner on compassionate ground. In support of the educational qualification of the petitioner, the School Leaving Certificate (SLC) bearing Sl. No. 28 of 1987 dated 05.01.1987 was submitted with the respondent-authority. Vide letter dated 15.01.2010, the Senior Divisional Personnel Officer, Eastern Railway, Asansol, informed the mother of the petitioner that, since the School Leaving Certificate (SLC) bearing Sl. No. 20 of 1987 dated 05.01.1987 has not been found a genuine certificate, but it is a fake certificate therefore, the consideration for appointment in favour of the petitioner has been regretted by the competent authority. Thereafter, the petitioner made a representation on 10.06.2010 before the Respondent No. 2 and produced the original School Leaving Certificate (SLC) bearing Sl. No. 28 of 1987 dated 05.01.1987 and requested to furnish a copy of the investigation report. The petitioner approached the school authority also and sought for the information however, it was denied on the ground that old records prior to year, 1990 is not available. Thereafter, on 07.09.2011, the petitioner sought information through RTI from the office of District Superintendent of Education, Dhanbad, which also has not been provided to the petitioner. The petitioner made another representation on 01.09.2011 to the General Manager, Eastern Railway, Kolkata for consideration of his case for appointment on compassionate ground asserting that he has not filed any fake certificate. The petitioner finally approached the Central Administrative Tribunal by filing O.A. No. 184 of 2011(R), which has been dismissed vide impugned order dated 22.01.2013. 3. Heard the learned counsel appearing for the parties and perused the documents on record. 4. Mrs.
The petitioner finally approached the Central Administrative Tribunal by filing O.A. No. 184 of 2011(R), which has been dismissed vide impugned order dated 22.01.2013. 3. Heard the learned counsel appearing for the parties and perused the documents on record. 4. Mrs. Saroj Kumari Agrawal, the learned counsel appearing for the petitioner, has submitted that though the petitioner has been denied compassionate appointment on the ground that he submitted the fake School Leaving Certificate (SLC), however, the alleged verification report dated 08.12.2009 refers to the School Leaving Certificate (SLC) bearing Sl. No. 20 of 1987 dated 05.01.1987 whereas, the School Leaving Certificate (SLC) submitted by the petitioner bears Sl. No. 28 of 1987. It is submitted that though the information revealed through RTI confirms that the relevant record is not available in the school, it has not been disclosed how it has been concluded that the School Leaving Certificate (SLC) submitted by the petitioner is a fake one. 5. As against the above, Mr. Jalisur Rahman, the learned counsel appearing for the respondent-Railways, submits that the verification report dated 08.12.2009 sent by the school would reveal that the name of the petitioner does not appear at Sl. No. 40 of 1984, which is the admission number reflected in the School Leaving Certificate (SLC) and on the basis of such report, the petitioner has rightly not been offered appointment, as he produced a fake certificate. 6. Having appreciated the submissions advanced by the counsel appearing for the parties, we are of the opinion that the claim of the petitioner is required to be examined afresh. From the materials produced on record, it is disclosed that the relevant record pertaining to admission of the petitioner in Kapasara Middle School, Chirkunda, Nirsa, Dhanbad, is not available in the school. The information revealed on 19.09.2011, in response to the application of the petitioner made through RTI, reveals that one Shri Ram Nath Singh was the Headmaster as on 05.01.1987 when the School Leaving Certificate (SLC) bearing Sl. No. 28 of 1987 dated 05.01.1987 was issued to the petitioner. It further appears that the said Ram Nath Singh has signed the School Leaving Certificate (SLC) produced by the petitioner. The RTI information further reveals that the counterfoil of the School Leaving Certificate dated 05.01.1987 issued to the petitioner cannot be traced in the school records.
No. 28 of 1987 dated 05.01.1987 was issued to the petitioner. It further appears that the said Ram Nath Singh has signed the School Leaving Certificate (SLC) produced by the petitioner. The RTI information further reveals that the counterfoil of the School Leaving Certificate dated 05.01.1987 issued to the petitioner cannot be traced in the school records. It is also disclosed from the materials on record that, in Kapasara Middle School Chirkunda, Nirsa, Dhanbad, records prior to the year, 1990 are not available. 7. In view of the aforesaid facts, it appears that only because the admission number reflected in the School Leaving Certificate produced by the petitioner carries the name of some other person in the admission register of the school, a doubt has been raised with respect to the genuineness of the School Leaving Certificate produced by the petitioner. It also appears that the verification report submitted by the school refers to School Leaving Certificate bearing Sl. No. 20 of 1987 whereas, the School Leaving Certificate produced by the petitioner bears Sl. No. 28 of 1987 and therefore, a doubt arises whether the verification report submitted by the school is correct. Suspicion howsoever strong cannot take the place of legal proof and without affording an opportunity of hearing, the claim of the petitioner for compassionate appointment could not have been rejected on the ground that he furnished a fake certificate. We are of the opinion that the respondent-Railways is required to give opportunity to the petitioner to produce documents in support of his claim that the School Leaving Certificate(SLC) produced by him is a genuine certificate. 8. The order passed by the Tribunal in O.A. No. 184 of 2011 (R) is set aside and this Writ Petition is allowed. Accordingly, the respondent-Railways through, General Manager, Eastern Railway, Kolkata is directed to consider the claim of the petitioner afresh, after affording reasonable opportunity to the petitioner to produce documents establishing that the certificate produced by him is a genuine certificate and if finally it is concluded that the petitioner had, in fact, studied in Kapasara Middle School, Chirkunda, Nirsa, Dhanbad, his claim for compassionate appointment would be considered in accordance with law.