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SANJEEV NARULA, J

1. The present appeal under Clause 10 of the Letters Patent is directed against the judgment dated 19th December 2016 passed in W.P.(C) No. 2177/1996 whereby the learned Single Judge while dismissing the writ petition has upheld the order passed by the Disciplinary Authority removing the Appellant from the service of the Respondent.

2. The present case has a long history starting from the year 1994. National Scheduled Castes Finance And Development Corporation (NSFDC), the erstwhile employer of the Appellant (the Respondent no.1 herein) imposed penalty of removal from service vide order dated 14 th December 1994. The said order was assailed in W.P.(C) 2177/1996. The writ petition was dismissed by a learned Single Judge of this Court vide judgment dated 11th April 1997. The aforesaid order of dismissal was carried up in appeal in LPA No. 117/1997. The Appellate Court set aside the impugned judgment and restored the writ petition before the learned Single Judge with a direction to decide the same afresh in accordance with the law. Pursuant to the order of remand, the learned Single Judge has passed the judgment impugned in the present appeal.

Factual Background

3. The Appellant (Shri Rakesh Dhingra) joined the services of NSFDC in the capacity of Company Secretary-cum-Finance Manager pursuant to an advertisement dated 13th March 1989. He was initially on deputation and was absorbed after a period of six months.

4. On account of discrepancies in his service record inter alia relating to graduation certificate and service experience, a charge sheet dated 6th September 1993 containing a total of six Articles of Charge was issued to the Appellant and the same is being reproduced hereunder:

ARTICLE-II That the said Shri Rakesh Dhingra submitted an experience certificate at the time of his appointment in NSFDC for having worked as an 'Accountant' from 29.6.78 to 31.1.80 with a firm M/s Moon Enterprises whereas enquiries reveal that the said firm was not in existence at the stated time and place.
ARTICLE-III That the said Shri Rakesh Dhingra defied the lawful and reasonable order of his superior by not complying with the instructions issued to him vide Order No. NSFDC/21/89-Pers. Dated 6.8.93 whereby he was placed under suspension w.e.f. 6.8.93 and advised to hand over all the files/documents key(s) of almirah(s) etc. under his custody to Shri Devanand, Assistant Manager (Vigilance) immediately.
ARTICLE -V That the said Shri Rakesh Dhingra unauthorisedly enclosed a copy of an agenda note sent to him for submission before the Board of Directors with his Writ Petition filed against the Corporation and also quoted verbatim from a strictly confidential letter from the CMD addressed to the Joint Secretary (SCD), Ministry of Welfare, Govt. of India in his writ petition.
ARTICLE-VI That the said Shri Rakesh Dhingra did not disclose at any stage either at the time of his appointment in the Corporation or even after his induction, the fact that there was a disciplinary case pending against him in his previous organization i.e. Pradeshiya Industrial and Investment Corporation of U.P. Ltd. (PICUP) and the proceedings in the case were yet to be finalized. Shri Rakesh Dhingra by his above acts, furnished false information/certificate regarding his previous service, willfully disobeyed a lawful and reasonable order of his superior, unauthorisedly communicated official documents and information and suppressed material facts at the time of his appointment in NSFDC, thereby contravening Rule 5(4), 5(6), 5(20) and 11 of NSFDC Conduct, Discipline and Appeal Rules, 1990."