Dy. Secretary to Government Prohibition and Excise Deptt. for St. George, Madras vs A. Bappu

Special leave granted.

We have heard the learned counsel for the appellant and the respondent in person. We enquired of the respondent if he wants the services of an advocate but he said he would like to argue the matter himself.

It appears from the order of the Tribunal that an enquiry was initiated against the respondent on the allegation that he had produced a fake school certificate of his qualification for entry into the service. A complaint was also lodged against him with the police. The Tribunal has by the impugned order quashed the police investigation as well as the departmental enquiry and has directed that not only he be reinstated in service but also be promoted to the next higher post. The State having been aggrieved by that order has preferred this appeal.

The learned counsel for the State submits that he does not question the Tribunal''s order quashing the police investigation but he states that the department''s right to enquire into the genuineness of the certificate produced by the respondent for seeking employment cannot be denied to it merely because subsequently he has produced another certificate of another school. The respondent states that both the certificates are of the schools run by the local authorities. Be that as it may, the fact remains that he secured employment on the basis of a certificate which is alleged to be fake. It is another thing he may have produced another certificate of another school, the genuineness whereof may not be questioned. But counsel submits that it is difficult to understand how the Tribunal can refuse the department from proceeding further with the departmental enquiry in regard to the production of the fake certificate. We appreciate this submission and allow the appeal to a limited extent only, namely, that if any departmental enquiry is initiated and is pending against him, the same may be completed within six months from today but this order will not permit the department to initiate a fresh enquiry if one is not pending. We, however, make it clear that the respondent will be permitted to continue in employment and will not be placed under suspension during the enquiry. We also make it clear that as ordered by the Tribunal he will be given promotion subject to the result of the enquiry. The appeal is allowed to the above limited extent only with no order as to costs.