2002 (8) TMI 842 - SC - Indian Laws

Supreme Court reverses dismissal for fraudulent appointment, orders compensation.

SHER BAHADUR Versus UNION OF INDIA & ORS.

The Supreme Court overturned the High Court's decision to dismiss the appellant from service due to fraudulent appointment allegations. The Court found ... - Issues involved: The judgment involves the dismissal of an appellant from service based on fraudulent appointment allegations, the sufficiency of evidence in disciplinary proceedings, and the appropriate relief to be granted to the appellant.Fraudulent Appointment Allegations: The appellant claimed re-engagement as a casual laborer and subsequent grant of temporary status, but faced allegations of fraudulently securing appointment without prior work experience approval. A charge-sheet was issued, leading to a disciplinary inquiry where the appellant was found guilty and dismissed under Railway Servants (Discipline and Appeal) Rules, 1986.Sufficiency of Evidence: The appellant challenged the dismissal, arguing lack of valid evidence in the inquiry report. The High Court upheld the dismissal, citing oral and documentary evidence as sufficient, but the Supreme Court found the evidence lacking. The Court emphasized the need for evidence linking the appellant to the alleged misconduct, highlighting deficiencies in the inquiry process.Relief Granted: The Supreme Court set aside the High Court's decision and the dismissal order, deeming the appellant's guilt unsubstantiated. Considering the appellant's long absence from service, reinstatement was not ordered. Instead, respondent No.1 was directed to pay compensation equal to the average salary for two years within two months, in the interest of justice. The appeal was allowed with costs.