IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 15.02.2008 C O R A M The Honourable Mrs. Justice PRABHA SRIDEVAN W.P.No.3999 of 2008 R.Sundararaju .. Petitioner Versus 1. P.A. (General) to the District Collector Perambalur District. 2. The Tahsildar Veppanthattai Perambalur District .. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the respondents 1 and 2 in connection with the impugned memo issued by the 1st respondent in Na.Ka.No.A4/25825/2005 dated 05.06.2005 and the enquiry officer's report of the 2nd respondent issued Na.Ka.Aa1/4205/2007 dated 09.05.2007 and quash the same. For Petitioners : Mr.K.Venkataraman Senior Counsil, For Mr.T.Ayngaraprabhu. For Respondents : Mr.T.Seenivasan Government Advocate ORDER The petitioner is a native of Perambalur District and he claims to have studied in Kulathur Panchayat Union Middle School upto 8th standard, after which he went to Perambalur District and he obtained driving license and registered his name in Employment Exchange, Trichy and he was called for the interview for the post of Driver and he was selected as a driver on 03-12-1997. The qualification for the post of driver was 8th standard. The petitioner produced the transfer certificate allegedly obtained from the Panchayat Union Middle School, Kulathur, Alathur P.U to show that he studied from 01-10-1974 to 31-05-1983. It was duly attested by the Assistant Educational Officer, Alathur on 01-08-1989. On the basis of this, the District Elementary Educational Officer sent a communication to the Revenue Divisional Officer, Perambalur that the details given by the petitioner and in the School Registers which would show that he had studied first standard on 01-10-1974and then left the school after finishing his 8th standard in the academic year 1982-83. Therefore, according to the petitioner, the respondents had satisfied themselves with regard to the genuineness of his educational certificate and had only then appointed him. All of a sudden for reasons best known https://hcservices.ecourts.gov.in/hcservices/ to the respondent, the petitioner was issued with a charge memo on 05- 06-2005 in A4/25825/05. Two charges were laid against the petitioner namely that he had without the requisite educational qualification produced a bogus certificate and that certificate produced by the petitioner was false and had therefore deceived the respondents and obtained employment on the basis of a false certificate. The petitioner took part in the enquiry. To his shock, the petitioner found that in the enquiry, the Enquiry Officer had relied on materials which were not made available to the petitioner to give his response and therefore, the principles of natural justice had been violated. 2. The learned Senior Counsel appearing for the petitioner would submit that the petitioner had given his certificate and therefore, the petitioner deserves no sympathy. 3. The extracts of the enquiry report which are relied on by the petitioner read as follows: @23/4/07 Mk; njjpad;W Fd;dk; tl;lk; Myj;J}h; Cuhl;rp xd;wpak; bfhsj;J}h; Cuhl;rp xd;wpa Jtf;fg;gs;spapy; Kfhkpl;L jw;nghija gs;spj; jiyikahrphpah; jpU/Mh;/ gpr;irg;gps;is vd;gtuJ Kd;dpiyapy; rk;ge;jg;gl;l gs;sp Mtz';fs; ghprPyid bra;ag;gl;lJ/ bfhsj;J}h; Cuhl;rp xd;wpa Jtf;fg;gs;spf;fhd khzth; nrh;f;if vz; 909?y; jpU/bry;tuh$; j/bg kUjKj;J KojpUj;Jk; bjhHpy; ehtpjh; tFg;g[ vd;w tpgu';fs; Fwpg;gpl;L ,e;j khzth; 1/16/74?y; gs;spapy; nrh;j;Jf; bfhs;sg;gl;ljhf ePy epw ikapy; gjpt[fs; fUg;g [ ikahy; nfhol;L mof;fg;gl;L khzth; bgah; jpU/Re;juuh$; j-bg/uhkyp'fk; Typ bjhHpy; $hjp giwad; vd fUg;g[ ikapdhy; RUf;bfhg;gk; bra;ag;gl;Ls;sJ/ jpU/Re;juuh$; vd;gtUf;F tH';fg;gl;Ls;s gjpt[j;jhspy; Fwpg;g[ nehl;L Ma;t [ bra;j nghJ jpU/ Re;juuh$pf;F tH';fg;gl;Ls;s gjpt[j;jhspy; cs;s ifbahg;gj;jpid rhpghh;f;f gs;sp Mtz';fs; ghprPypf;fg;gl;lJ/ gjpt[j;jhs; tH';fg;gl;l 31/5/83?y; jpU/Mh;/ bry;yKj;J vd;gth; gs;spj; jiyikahrphpaUf;F $dthp 83 Kjy; nk 83 Koa Cjpak; tH';fg;gl;Ls;s gjpntl;oy; mtuJ ifbahg;gk; rhpghh;f;fg;gl;lJ/ Ie;J khjj;jpYnk mtuJ ifbahg;gk; rpW rpWtpj;jpahr';fSld; cs;sJ/ Mdhy; jpU/ Re;juuh$pf;F 31/5/83?y; tH';fg;gl;Ls;s gjpt[j;jhs; cs;s jiyikahrphpah; ifbahg;gj;jpw;Fk; jiyikahrphpaUf;F Cjpak; tH';fg;gl;Ls;s gjpntl;oy; cs;s jiyikahrphpah; ifbahg;gj;jpw;Fk; ntWghLfs; cs;sJ/ nkYk; jpU/Re;juuh$; nkw;go gs;spapy; goj;Js;shuh vd;w tpguk; fz;lwpa gs;spapd; nrh;f;if gjpntL kjpg;bgz; gl;oay; gjpntL njf;f epiy gjpntL kw;Wk; 1/10/74-31/5/83f;fhd khzth;fspd; tUifg;gjpntL vJt[k; gs;spapy; fpilf;fg; bgwtpy;iy/ nkny Fwpg;gpl;l vdJ tprhuizfspy; ,Ue;J jpU/ Re;juuh$; vd;gtUf;F bfhsj;J} h; Cuhl;rp xd;wpa Jtf;fg;gs;spapy; jiyikahrphpauhy; nrh;f;if vz; 909?d; go 31/5/83?y; tH';fg;gl;Ls;sjhf jhf;fy; bra;ag;gl;Ls;s gjpt[j;jhs; bka;j;jd;ikaw;wjhf cs;sJ vd;gij gzpt[ld; bjhptpj;Jf;bfhs;fpnwd;/ , j;Jld; fPHf;fz;l tpgug;goahd tprhuiz Mtz';fisa[k; ,izj;Js;nsd; vd;gija[k; bjhptpj;Jf; bfhs;fpnwd;/@ 4. It is not possible to conclude from this that the petitioner was present when the respondents have camped at the Panchayat Union Middle School, Kulathur, Alathur P.U and examined the School Registers. On the other hand, it appears to indicate that the entire exercise was https://hcservices.ecourts.gov.in/hcservices/ done in the absence of the petitioner. This would show that a fair opportunity is not given to the petitioner. 5. In these circumstances, the writ petition is disposed of as follows: The further proceedings pursuant to the enquiry report shall be kept in abeyance until the respondents afford the petitioner an opportunity to examine the school records and if he has any explanation to offer with regard to the material alternations referred to in the enquiry report, the respondents may consider the same and finalize the enquiry report. Thereafter, the entire exercise shall be concluded within a period of four weeks from the date of receipt of a copy of this order. After that, the respondents are entitled to take action in accordance with law. No costs. The connected miscellaneous petitions are closed. Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar glp To 1. P.A. (General) to the District Collector Perambalur District. 2. The Tahsildar Veppanthattai Perambalur District 1 cc To The Government Pleader, SR.8206 +1 cc to Mr.T.Ayngara Prabhu, Advocate, SR.No.7919. Pa (Co) krd / 18.03.08 W.P. No.3999 of 2008 https://hcservices.ecourts.gov.in/hcservices/