Bharat Petroleum Corporation Ltd. Vs Deputy General Manager (Hr Services) (Rajasthan High Court)
Rajasthan High Court held that the doctrine of proportionality cannot be invoked in cases where the root of the employment itself is based upon a forged document. Thus, quantum of punishment imposed by Disciplinary Authority not interfered.
Facts- The writ petitioner was appointed as a Watchman (Grade-II) with the appellant-Corporation vide order dated 12.01.1987, however, was served a charge-sheet in the year 2002 with the allegation of submitting a forged Transfer Certificate at the time of appointment; accordingly, an enquiry was conducted against the writ petitioner and as per the enquiry report dated 20.05.2003, the writ petitioner was found guilty of misconduct, and resultantly, dismissed from service vide order dated 27.11.2003.
Thereafter, the writ petitioner preferred the aforementioned writ petition before this Hon’ble Court, which was disposed of vide the impugned order dated 05.12.2022 passed by the learned Single Judge of this Hon’ble Court, as mentioned above. Thus, being aggrieved of the same, the appellant-Corporation has preferred the present special appeal.
Conclusion- Held that the doctrine of proportionality cannot be invoked in cases where the root of the employment itself is based upon a forged document. The very eligibility of the person is at stake since the employee has obtained such employment by fraud, and therefore, no amount of long tenure can create any sympathy in the minds of this Court. The fraud is a clear exception even to the limitation law. Once the umbilical cord of the employment is cut from the threshold, the survival of the employment, in the given perspective, may be at reduced parameters of employment, would not be justified. This Court is of the opinion that there arises no reason to interfere with the quantum of the impugned punishment so imposed by the concerned Disciplinary Authority.
