Rajpal vs The Additional Transport Controller/Commissioner and Others

Rajiv Narain Raina, J.—Heard. The petitioner was a Conductor in regular service of the Haryana Roadways. For absence from duty from 16.12.2001 to 31.01.2002 without prior intimation or sanctioned leave, he was issued charge-sheet for willful absence for the aforesaid period on 28.01.2002. The workman relied on two medical certificates said to be issued by the Post Graduate Institute of Medical Education & Research, Chandigarh (in short "PGI") to explain his absence. The inquiry went in favour of the petitioner. The General Manager being punishing authority of Conductors did not prima facie agree with the findings recorded by the Inquiry Officer on the strength of medical certificates advising rest and issued show cause notice through a dissent note. The workman pleaded that he filed reply on 26.05.2004 against the show cause notice. The dismissal order was passed on 31.05.2004. His statutory appeal failed on 23.05.2006.

In order to prove that he had sufficient cause for the absence, the workman relied on two medical certificate allegedly issued by the PGI. The General Manager, Haryana Roadways, Ambala suspicious of the medical certificate forwarded the same to the PGI for verification. A report was received from PGI that the two medical certificates produced by the worker for his defence bearing serial Nos. 4794 and 5081 had neither been signed nor stamped by Dr. J. Rai, Professor I/c, Orthopedic Unit-II at PGI. The certificate had also not been countersigned by the Medical Superintendent, Nehru Hospital, PGI, Chandigarh as required by rules attaching to issuance of medical certificates to patients. The punishing authority drew valid inference that the medical certificates were fake, bogus and fabricated and on the basis of this revelation issued the disagreement note and the show cause notice calling upon the petitioner to reply thereto. The dismissal followed after affording an opportunity of hearing to the delinquent employee.

The Additional Transport Commissioner, Haryana being the appellate authority passed a detailed order on the petitioner''s appeal and affirmed the finding that the willful absence of the petitioner of 45 days without advance intimation or leave was intended to be covered by fake certificates. It has been noticed that an FIR under Sections 193, 420, 467, 468, 471, 472 and 37 IPC at Police Station, Baldev Nagar, Ambala was registered against the workman.

I asked the learned counsel for the petitioner to show the Court the photocopies of the two medical certificates bearing Nos. 4794 and 5081. This Court has seen them and finds no reason to disbelieve the report of the Medical Superintendent, PGI, Chandigarh bearing memo dated 24.06.2004. They do not appear to the eye to be genuine.

All that remains to be examined is whether the two critical documents were put to the workman if he had anything to say on them. The inquiry officer blindly relied on them without questioning their authenticity. They were sought to be used by the workman to his advantage as explanation of absence till the stage and conclusion of inquiry. The punishing authority suspecting the documents got them verified. Personal hearing was given to the workman on the documents and on the response of the PGI. The workman knew well the case against him at the stage of imposition of punishment. No prejudice was caused to him. The verification by PGI nailed the lie and revealed the truth.

When defence is based on falsehood the question of award of lesser punishment does not arise even u/s 11A of the Industrial Disputes Act, 1947. On the contrary, it becomes an aggravating circumstance which militates against exercise of compassion, sympathy and equitable jurisdiction even if the absence say was for a single day. I find no infirmity in the impugned award dated 18.06.2012 passed by the Labour Court, Ambala dismissing the reference.

No merit.

Dismissed.