The Delhi High Court upheld the dismissal of a government employee on grounds that submitting false medical certificates to obtain leave amounts to grave misconduct and justified the disciplinary action taken by the employer. The matter came before a Division Bench of the High Court in a writ petition filed by an employee challenging the order of compulsory retirement on disciplinary grounds. The petitioner was employed with a government department and had availed leave repeatedly on the basis of medical certificates issued by a doctor. The authority conducting the departmental inquiry came to doubt the authenticity of the medical certificates and initiated a disciplinary proceeding against the petitioner on the charge of misconduct, specifically alleging that the medical certificates produced by him to obtain leave were fabricated and false.
During the inquiry, the disciplinary authority examined evidence, including the medical certificates in question and testimony from the issuing doctor. The doctor stated that he had not examined the petitioner on the dates specified in the certificates and that he did not sign or issue the certificates that bore his name and seal. Based on this evidence, the inquiry officer concluded that the certificates were not genuine and that the petitioner had knowingly produced false documents in support of leave applications, thereby engaging in dishonest and wrongful conduct. The disciplinary authority accepted the inquiry officer’s findings and held that the petitioner’s act of submitting false medical certificates constituted grave misconduct and conduct unbecoming of a government servant. Consequently, the authority imposed the penalty of compulsory retirement.
The petitioner challenged the disciplinary findings and the order of compulsory retirement before the Central Administrative Tribunal, which upheld the dismissal. The Tribunal held that the enquiry had been conducted in accordance with the principles of natural justice, the evidence on record supported the finding of misconduct, and that the penalty imposed was commensurate with the gravity of the misconduct. Aggrieved by the Tribunal’s order, the petitioner filed a writ petition before the Delhi High Court, contending that the evidence was insufficient to prove that the medical certificates were fabricated and that the penalty of compulsory retirement was excessive.
In upholding the disciplinary action, the High Court analysed the evidence adduced during the departmental enquiry, noting that the doctor’s categorical denial of issuing the certificates was a crucial piece of evidence. The Bench observed that a government employee is expected to act with integrity and honesty, and that submission of falsified documents to obtain leave undermines the fundamental ethos of public service. The Court emphasized that medical certificates are official documents relied upon by employers to grant leave, and that fabrication of such certificates for personal advantage erodes trust and constitutes a serious breach of duty.
The High Court also considered the contention regarding the proportionality of the penalty. The petitioner argued that compulsory retirement was a harsh measure for the misconduct alleged and that lesser penalties could have been imposed. The Court, however, observed that the seriousness of producing false medical certificates — documents that are official and have legal sanctity — warranted stern disciplinary action. The Bench referred to established legal principles that where a government servant knowingly misuses his position and official processes for personal benefit through dishonest conduct, strict penalties are justified to maintain discipline and public confidence in the civil service.
Further, the High Court reiterated that departmental inquiries must adhere to principles of fairness, and noted that in the present case, the inquiry proceedings gave the petitioner opportunities to present his case, examine witnesses, and make submissions. The evidence recorded during the inquiry, particularly the statement of the doctor denying issuance of the certificates, was held to be credible and sufficient to sustain the finding of grave misconduct. The Court stated that it is not open to the writ court to re-appreciate evidence on facts when the Tribunal and disciplinary authority have already applied their minds and arrived at a conclusion that is supported by material on record.
In dismissing the writ petition, the High Court affirmed the view that submission of false medical certificates constitutes a fundamental breach of trust and serious misconduct that can justify the most stringent disciplinary measures, including dismissal or compulsory retirement. The judgment reinforces the obligation of public servants to uphold integrity and honesty in the discharge of their duties, and underscores that disciplinary authorities are entitled to impose strict punishment where the evidence establishes deliberate and dishonest conduct.
The Delhi High Court’s ruling serves as a reminder that official documents such as medical certificates carry legal weight, and misuse of such documents to obtain undue advantage from an employer is not to be taken lightly. By upholding the penalty of compulsory retirement, the Court has reaffirmed that grave misconduct involving dishonesty and forgery in official dealings can justify the severest consequences in service jurisprudence.
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