((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.848 OF 2008 Arun s/o Vinod Kumar Borker Petitioner versus The Secretary, GAD, Govt. of Maharashtra and another Respondents Mr.Abhijit Desai for petitioner. Mr.D.A.Nalavade, G.P. for respondents. CORAM : F.I.REBELLO AND A.A.KUMBHAKONI, JJ. DATE : 16th October 2008 PC : 1. The petitioner pursuant to the advertisement issued by respondents for the post of Receptionist at Maharashtra Sadan, New Delhi applied for the said post. The petitioner was selected and was issued an order of appointment on temporary basis. At the time of appointment the petitioner had produced for the purposes of meeting the requisite criteria two certificates viz:- (i) of Mazedaar Trips certifying that he had worked with the said company from 11th July 2001 to 29th October 2002 as Receptionist-cum- ((-2-)) Telephone Operator and Assistant; (ii) of M/s.G.N.Roadlines dated 17th April 2006 certifying that he had worked for them from 13th November 2002 to 25th February 2005 as Receptionist-cum-Office Assistant. 2. After his appointment, the respondents contacted the said employers and found that the said documents produced by the petitioner did not correctly represent the true facts set out therein. One of the requirements of eligibility was experience of two years in public relations. Based on the material which the petitioner placed before the respondents, petitioner was given an opportunity. As the respondents found that true facts are not represented by the petitioner, petitioner was called upon to explain. The petitioner replied to the same. Since the respondents did not satisfy, the Competent Authority vide communication dated 16th November 2006 was pleased to terminate the services of the petitioner with immediate effect. 3. The petitioner aggrieved by the order of termination moved Maharashtra Administrative ((-3-)) Tribunal ("MAT" for short) by Original Application No.2 of 2007. The learned MAT by its order dated 1st November 2007 recorded the following findings of fact based on the materials before it namely :- (i) that in fact the petitioner insofar as Mazedaar Trips is concerned, was not on the pay roll but was working as a Trainee with the Manager. In other words, the documents of experience with Mazedaar Trips could not have been considered and did not represent the true status of the petitioner and his experience with Mazedaar Trips as that of "Public Relations"; (ii) insofar as G.N.Roadlines is concerned, considering the documentary evidence on record, the learned Tribunal recorded a finding that there is no evidence to show to buttress the claim of the applicant/petitioner that he was working with G.N.Roadlines in the capacity for which the certificate was produced. An affidavit of one R.K.Kochar who claims to be the proprietor of the said G.N.Roadlines was considered wherein he has set out that he was the proprietor of Nitin Transport Services ((-4-)) which was later on named G.N.Roadlines and then G.N.Motors. It was the further finding of fact recorded that though the rejoinder was verified by the applicant on 26th March 2007 before Oath Commissioner, Tis Hajari Court, New Delhi, the affidavit of Mr.Kochar was verified only on 24th July 2007. Considering all this, the Tribunal recorded a finding that the Tribunal did not give any importance to the rejoinder and the affidavit of Mr.Kochar. There is also material on record to show that the premises from where the purported transport company was functioning was not a proper structure. 4. On behalf of the petitioner the learned counsel submitted firstly that the services of the petitioner were terminated without giving any proper opportunity and that the order is stigmatic and, therefore, infringes provisions of Article 311 of the Constitution and secondly the order of termination should be set aside. 5. We have heard learned counsel. Firstly the appointment of petitioner was on temporary basis. The appointment was based on the documents produced by the petitioner. The documents submitted by an employee who joins ((-5-)) Government service must show, on verification of the documents, that the information given by him is true. If false information has been submitted, it is always open to the employer to terminate the services after giving an opportunity. In the instant case, the material received by the respondents was made available to the petitioner. The petitioner replied to the same. The respondents having not satisfied have terminated the services of petitioner. In our opinion, considering the findings of fact recorded by the Tribunal, it cannot be said that the action taken against the petitioner is arbitrary and/or based on extraneous reasons. In the instant case, the principles of natural justice have been satisfied when the petitioner was given an opportunity by the respondents as regards the documents submitted by the petitioner. 6. The second issue raised by the petitioner is that the order of termination casts a stigma on the petitioner. We have perused the impugned office order. The impugned office order only sets out that the documents produced by the petitioner, on verification, were found not to be true and in these circumstances the ((-6-)) petitioner’s services were terminated. The petitioner was not a Probationer. The services of the petitioner was of temporary nature. On verification it was found that the documents which were produced were not true. The order only reflected the correct position that the documents produced by him are not true. Further the Tribunal has made it clear that the applicant can apply for that post or any other post in Government or Semi-Government service. In view of this finding of the Tribunal, it cannot be said that the termination order casts any stigma on the petitioner. 7. Therefore, in our opinion, we find no reason to interfere with the order of MAT.. The impugned order neither suffers from any error appearing on the face of record nor there is any jurisdictional error. In the light of this, the petition is rejected. (A.A.KUMBHAKONI, J.) (F.I.REBELLO, J.)