Summary
The Supreme Court quashed the employer’s order declaring an employee’s appointment void thirteen years after disciplinary punishment over his caste certificate. Before joining, he had disclosed inability to produce the original and requested general-category treatment, which the employer accepted before later promoting him. Repeatedly reopening the matter was arbitrary on these facts. In any event, enhancement after thirteen years exceeded the governing review limit. The Single Judge’s order was restored.
Issues
- Whether the employer could invalidate the appointment after accepting general-category treatment and earlier disciplinary disposal.
- Whether the delayed enhancement was permissible under the governing rule.
Provisions considered
- Rule 30(3), quoted enhancement limit, NLC Employees (Control and Appeal) RulesThe quoted rule barred enhancement after ninety days from service of the original punishment order. The much later order, made almost thirteen years afterward, was unsustainable. (¶¶ 34, 35, 36, 37)
Held
- The employee voluntarily disclosed the certificate difficulty before joining and sought general-category selection. The employer accepted that course, appointed him and subsequently promoted him; the Court found no suppression on these facts. (¶¶ 27, 28, 29, 30, 31)
- Even assuming a subsequent inquiry was permissible, the earlier disciplinary order had resolved the certificate issue. Reopening it to invalidate the appointment was arbitrary and unreasonable in the circumstances. (¶¶ 25, 26, 32, 33, 38)
- The enhancement power was subject to the governing time limit. Exercising it almost thirteen years after the original punishment independently rendered the later order bad in law. (¶¶ 34, 35, 36, 37)
- The Division Bench judgment was set aside and the Single Judge’s order restored. The 7 July 2010 order substituting invalidation of the appointment for the earlier punishment was quashed. (¶¶ 39, 40, 41, 42)
Result
Appeal allowed. Division Bench judgment set aside; Single Judge order restored. Employer’s 7 July 2010 order declaring the appointment void quashed.