S. MAHESH versus THE CHAIRMAN CUM MANAGING DIRECTOR, NEYVELI LIGNITE CORPORATION LTD. NEYVELI TAMIL NADU & ORS.

Citation: [2018] 13 S.C.R. 577 · Decided: 29-10-2018 · Supreme Court of India · Bench: ABHAY MANOHAR SAPRE · Disposal: Leave Granted & Allowed

Judgment (excerpt)

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577
S. MAHESH
v.
THE CHAIRMAN CUM MANAGING DIRECTOR, NEYVELI
LIGNITE CORPORATION LTD. NEYVELI
TAMIL NADU & ORS.
(Civil Appeal No. 10812 of 2018)
OCTOBER 29, 2018
[ABHAY MANOHAR SAPRE AND INDU MALHOTRA, JJ.]
Service Law: Appointment – Propriety of – On facts,
appointment of appellant, belonging to backward community as
Engineering Supervisor, declared null and void on account of failure
to produce original caste certificate – Challenge to – Single Judge
of the High Court quashed the said order, however, the Division
Bench upheld the order – On appeal, held: Appellant at the first
available opportunity and before joining the duties had sent a letter
on his own to the Corporation that the Revenue Authorities had
declined to issue the original caste certificate to him – Appellant
also requested the Corporation not to treat him as ‘reserved
candidate’ but treat him as ‘general candidate’ – Appellant did not
suppress any information relating to his caste certificate from the
Corporation – Corporation by asking the appellant to join the duties,
and later promoting him to the next higher grade, condoned the
lapse and Corporation had no right to hold any Departmental
Enquiry in relation to the issue of appellant’s caste certificate –
Assuming that the Corporation could still probe the issue, the
Corporation having held a Departmental Enquiry and imposing
the punishment on the appellant of reduction of his rank for a period
of 2 years with cumulative effect, the issue of caste certificate
attained finality – Furthermore, assuming that the higher authority
had the power to enhance the punishment, it could be exercised
within 30 days from the date of the order of punishment – However,
the punishment order declaring the appellant’s appointment as null
and void was passed after 13 years from the date of passing of the
original punishment order – Thus, the entire action of the
Corporation is arbitrary, unreasonable, and not sustainable in law
and order passed by Division Bench set aside.
[2018] 13 S.C.R. 577
577
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SUPREME COURT REPORTS
[2018] 13 S.C.R.
Allowing the appeal, the Court
HELD: 1.1 Appellant at the first available opportunity and
before joining the duties had sent a letter on his own to the
Corporation informing therein that it was not possible for him to
produce the original caste certificate because the Revenue
Authorities had declined to issue the original caste certificate to
him. Not only that, the appellant further on his own requested
the Corporation not to treat him as “reserved candidate” but treat
him as “general candidate”.  In this way, the appellant, did not
suppress any information relating to his caste certificate from
the Corporation.  The Corporation, in these circumstances, had
three options; first, not to appoint the appellant which the
Corporation did not opt; second, to grant some more time to
produce the caste certificate or any other material to prove the
appellant’s caste which again the Corporation did not opt and the
third, to condone the lapse in filing the caste certificate and
proceed to consider the appellant’s case treating him as a
candidate belonging to the general category for selection purpose
which the Corporation opted.  The Corporation by their express
conduct having followed the third option and condoned the lapse
by asking the appellant to join the duties, which the appellant
did, and later further promoting him to the next higher grade,
the issue relating to caste certificate lost its significance. Thus,
the Corporation, had no right to hold any Departmental Enquiry
in relation to the issue of appellant’s caste certificate because
they condoned the issue of caste certificate by allowing the
appellant to join the duties and later by promoting him to the
next higher grade. [Para 27-31][584-C-H]
1.2 Assuming, however, that the Corporation could still
probe the issue in relation to the appellant’s caste certificate after
allowing him to join, the Corporation having held a Departmental
Enquiry and imposing the punishment on the appellant of
“reduction of his rank to a lower stage by two stages in his time
scale for a period of 2 years with cumulative effect”, the issue of
caste certificate attained finality in all respect. The Corporation
had thereafter no power to raise the issue of caste certificate
again in any form against the appellant. In other words, the issue
of caste certificate did not survive for any more consideration
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