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Judgment
A.S. Oka and Revati Mohite Dere, JJ.—Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondents.
On 14th March, 2011, a Memorandum was served to the petitioner, who was in the employment of the Airports Authority of India. Along with the Memorandum, a charge-sheet was served.
The petitioner was appointed to the post of Junior Engineer (Civil) with the Airports Authority of India on a post reserved for Scheduled Tribe. The Caste Scrutiny Committee invalidated the caste claim of the petitioner. The allegation in the charge-sheet was that the Petitioner has indulged in grave misconduct and acted in a manner unbecoming as an employee of the Airports Authority of India.
On 16th April, 2011, the petitioner submitted a reply to the charge-sheet by relying upon the judgment and order passed by this Court on 29th April, 2005 in Writ Petition (L) No. 566 of 2005 filed by the petitioner. He stated that he was accepting both the articles of charge served upon him. In the reply, he stated that he has accepted the findings of Scheduled Tribe Caste Scrutiny Committee that he has failed to prove that he belongs to "Koli-Mahadeo" Caste, a notified Scheduled Tribe. He prayed for lenient view.
By the impugned order dated 21st November, 2011, the first respondent, in the light of admission of the charges by the petitioner, imposed penalty of compulsory retirement. An appeal was preferred by the petitioner against the said order before the Appellate Authority. The Appellate Authority upheld the order of the first respondent. These are the orders impugned in this petition.
The learned Counsel appearing for the Petitioner invited our attention to clause 3 of the order dated 29th April, 2005 passed by this Court in Writ Petition (L) No. 566 of 2005 filed by the Petitioner. He pointed out that the statement of the Airports Authority of India was recorded that the enquiry will be held and that an order in the nature of termination, removal or dismissal will not be passed. He submitted that without holding an enquiry, the impugned order of imposing penalty of compulsory retirement has been passed.
We have carefully considered the statements. Writ Petition (L) No. 566 of 2005 was filed by the petitioner for challenging the order of the Scrutiny Committee by which his caste claim that he belongs to a Scheduled Tribe was invalidated. Paragraph 2 of the order reads thus:
Apart from filing the petition, the petitioner has filed an undertaking dated 28th April 2005 wherein he has accepted the finding given by respondent No. 2 Scrutiny Committee that he does not belong to Mahadeo Koli Community. The petitioner got a job in the respondent No. 3 - Airport Authority on the basis of this caste claim. Now, he is giving up the claim to that particular community. Over and above making the aforesaid statement, he has further stated in para 2 that he is ready to accept any punishment other than termination, removal or dismissal from the service of respondent No. 3 as a consequence of the impugned order. He has also stated that he is ready to forgo his promotions.
(Emphasis added)
Thus, the Petitioner himself admitted that he was ready to accept any other punishment other than the termination, removal or dismissal from the service.
Admittedly the petitioner accepted the correctness of both the articles of charges served upon him. Therefore, in view of admission, there was no occasion to hold an enquiry as the allegations in both the articles of charge were accepted by the petitioner. Therefore, we find no error in the order of compulsory retirement passed against the petitioner by the Disciplinary Authority as well as confirmation thereof by the Appellate Authority. There is no merit in the petition and the same is rejected.