ups_00271 — In matters of appointment, no one can take advantage of his own wrongful acts

In matters of appointment, no one can take advantage of his own wrongful acts — The chunk provided describes the Applicant not appearing before the Board after being issued multiple show-cause notices, while their marksheet had been found to be fake by the Bihar Sanskrit Shiksha... — Facts:The Applicant was appointed as GDS BPM, Nayagaon BO in account with Kesariya SO on 26-6-2015 based on his marksheet issued by Madhyama Examination of Bihar Sanskrit Shiksha Board, Patna, dated 25-7-2008. After appointment, the marksheet issued to the Applicant bearing Roll No. 0619 and relating to the centre code 4202 of the year 2008 was sent for verification to the Board. In the course of verification, the Board detected variation in marks in tabulation register and thus found it to be fake. The Chairman of the Board conducted a detailed enquiry by a duly constituted committee and based on the report of the committee, the Board cancelled the result of the Applicant and lodged one FIR also. By Memo. No. 5 of 2020, dated 17-6-2020, the Board cancelled the results of 283 candidates of Madhyama Examination of the year 2008 and the Applicant was one among the 283 candidates. The Applicant therefore, filed CWJC No. 7174 of 2020 before the Hon'ble High Court of Patna and by Order, dated 4-2-2021, the Hon'ble High Court, with reference to earlier Order, dated 11-4-2017 in CWJC No. 17846 of 2016, directed the Respondents to give specific notice about the fault and after providing opportunity of hearing the Applicant, the Board will take fresh decision. Accordingly, the Board issued a show-cause notice to the Applicant on 28-12-2023 with specific material pointing out the fault and he was directed to appear before the Board with documents, original marksheet, certificate, admit card, transfer certificate of the school, etc. But the Applicant had chosen to remain absent and never appeared before the Board. In the meantime, the Applicant was issued with a charge-sheet on 29-12-2020 / 1-1-2021 for major penalty proceedings under Rule 10-B of GDS (Conduct and Engagement) Rules, 2020 by the Superintendent of Post Offices, East Champaran Division. The Applicant filed OA seeking to set aside the impugned charge-sheet and also the impugned Order, dated 16-8-2021 rejecting his request to recall the charge-sheet. Aggrieved by the cancellation of his certificate by the Board, the Applicant challenged the cancellation of the certificate before the Hon'ble High Court of Patna in CWP No. CWJC No. 7174 of 2020 and by Order, dated 4-2-2021, the Hon'ble High Court, with reference to earlier Order, dated 11-4-2017 in CWJC No. 17846 of 2016, directed the Respondents to give specific notice about the fault and after providing opportunity of hearing to the Applicant, the Board will take fresh decision. The Applicant contended that since the order of cancellation of result of 283 candidates was quashed by the Hon'ble High Court in CWJA No. 17846 of 2016, there is no material and the enquiry proceedings deserve to be quashed. Separate written statements have been filed by both the Department of Posts (R-1, R-2, R-5 to R-8) and also by Respondents R-3 and R-4. In the written statement filed by the Respondent No. 4, i.e. Board, it is stated that the Board appointed a committee to conduct investigation in respect of Centre Code 4202 of the year 2008 and based on the report of the Committee, the result of 283 persons of Centre Code 4202 Exam 2008 was cancelled including that of the Applicant. In compliance to the directions issued on 11-4-2017 by the Hon'ble High Court of Patna in CWJC No. 17846 of 2016, a show-cause notice was issued to the Applicant on 10-8-2017. But the Applicant did not respond to the showcause notice. Further, in compliance to the directions issued on 4-2-2021 by the Hon'ble High Court of Patna in CWJC No. 7174 of 2020, the Board issued another show-cause notice to the Applicant on 28-12-2023 with specific material pointing out the fault and the Applicant was informed to appear before the Board with documents, original marksheet, certificate of the school, etc. Further, as per the directions issued on 11-4-2017 by the Hon'ble High Court, if any reply to the show-cause notice was received from the Applicant, the order was to be passed after providing opportunity to the Applicant. But the Applicant has not chosen to honour Hon'ble High Court's order and that the Applicant never appeared before the Board and therefore the Applicant cannot take advantage of his wrong acts. In the written statement filed on behalf of the Department of Posts, it is stated that the Superintendent of Post Offices, Champaran Division, Motihari sent the marksheet to the Bihar Sanskrit Shiksha Board on 2-9-2020 for verification of its genuineness and the Board, in their verification report, dated 12-10-2020, has stated that the marksheet of the Applicant was forged and fictitious and that they have already cancelled the marksheet of the Applicant. Therefore, the Respondents initiated the above-mentioned charge-sheet under Rule 10-B of GDS (Conduct and Engagement) Rules, 2020. Moreover, the Applicant had only sought to set aside the charge-sheet and not the final order. It is further submitted that the Applicant participated in the enquiry and he submitted his representation against the adverse enquiry report also. As the charges were proved, the competent authority imposed the major penalty of ‘dismissal' on 3-3-2023.