SHIVA ANAND versus INDIAN AIRLINES LTD. & ORS.

Citation: [2007] 11 S.C.R. 364 · Decided: 12-10-2007 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Disposed off
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Judgment (excerpt)

A 
SHIVA ANAND 
-( 
~ 
v. 
INDIAN AIRLINES LTD. & ORS. 
OCTOBER 12, 2007 
B 
[S.B. SINHA AND HARJIT SINGH BEDI, JJ.) 
+. 
Service Law-Termination-Disciplinary proceedings-
. ....,, 
Employee producing fake document for obtaining visa-Dismissal-
c Single Judge of High Court quashed the order, directing his 
reinstatement-Division Bench of High Court upholding the order of 
dismissal-On appeal, held: In the facts of the case employee has been 
rightly punished-However, punishment of dismissal altered to 
termination in view of his past good career record and high 
D qualification. 
Appellant, an employee of respondent Airlines was charged for 
,k 
having produced a fake certificate from the respondent, for the purpose 
of getting a visa. Enquiry Officer gave his report recommending his 
E dismissal from service. He was punished accordingly by the authority. 
After some litigation between the parties, appellant filed a departmental 
appeal against the order of dismissal which was rejected. Appellant 
challenged both the orders in Writ Petition. Single Judge ofHighCourt 
quashed the order of dismissal and directed his reinstatement. In writ 
F appeal, Division Bench of High Court upheld the order of dismissal. 
Hence the present appeal. 
~ 
Disposing of the appeal, the Court 
HELD: 1. The order of the Division Bench cannot be interfered 
G with in the light of the issues that have been raised and the conduct of 
the appellant in attempting to produce a fake document along with his 
application for a visa. [Para 4) [366-F] 
2. The proposal of the appellant in the alternative was that in view 
H 
364 
SHIV A ANAND v. INDIAN AIRLINES LTD. 
365 
'r 
[HARJIT SINGH BEDI, J.] 
of his uniformally good career for 27 years with the Indian Airlines and A 
his expertise as a highly qualified master technician in Aircraf~ 
Engineering the order of dismissal be modified to one of termination of 
service so as to enable him to seek employment in some othe~ 
organization. The proposal was accepted by the respondent Accordingly 
the penalty of dismissal modified to termination of service. It was further B 
~ 
directed that the sum ofRs.1,00,000/-which has been deposited in this 
Court shall be paid to the appellant to defray his expenses. 
r 
[Para 5) [366-G, H; 367-A, B] 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4842 of c 
2007. 
From the Judgment and final Order dated 10.04.2007 of the High, 
Court of Calcutta in A.P.O. No. 240 of2003 in A.P.O.T. No. 632 of 
2002 in G.A. No. 3469 of2002 in W.P. No. 663 of2000. 
K.V. Vishwanathan,.Suman Jyoti Khaitan and P.S. Sudheer for the D 
__... 
Appellant. 
L.N. Rao, Lalit Bhasin, Nina Gupta, Akanksha, Neha Sharma, 
Swigin and Bina Gupta for the Respondents. 
The Judgment of the Court was delivered by 
E 
HARJIT SINGH BEDI, J. 1. Leave granted. 
2. This appeal by special leave is directed against the judgment of 
the Division Bench of the Calcutta High Court whereby it has set aside F 
the Judgment and order of the learned Single Judge dated 2nd August 
2002 which in tum had quashed the order of dismissal from service made 
against the appellant herein and ct,irecting his reinstatement with 50% back 
wages. In the light of what has beE;p stated by the learned counsel for the 
parties, we find that a detailed discussion on the matters in controversy G 
would perhaps not be necessary. The bare facts accordingly are being 
.-1· 
•referred to . 
3. Shiva Anand, appellant herein, was an employee of the Indian 
Airlines and posted at Calcutta Airport. In August 1998 he applied for a 
H 
366 
SUPREME COURT REPORTS 
[2007] 11 S.C.R. 
A concessional air ticket for a visit to Delhi and then proceeded to Delhi on 
22nd August 1998. On the 28th August 1998 he visited the Australian 
High Commission in New Delhi and applied for a visa for entry into 
Australia. On September 2, 1998 he again visited the Australian High 
Commission and submitted an employer's certificate allegedly signed by 
B Shri S.K. Basu, Senior Chief Manager of the Indian Airlines certifying 
that he had been granted privilege leave from Septemberl, 1998 to 
October 30, 1998. It appears that in order to verify the correctness of 
the certificate t}1e Australian High Commission got in touch with the Indian 
Airlines on which it was revealed that no such certificate had been issued 
C by Shri S.K. Basu. Disciplinary proceedings were accordingly initiated 
against the appellant for having produced a fake certificate in the name 
of Shri
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