Disciplinary proceedings

zindagi (Querist) 04 February 2009 This query is : Resolved
A Govt. employee workg as a pharmacist since 1974. She showed her nationality as Indian in attestation forms for verification of her character & antecedents at the time of her appointment. She was carrying the valid British passport at dat time. This fact was not disclosed by her at the time of her appointment. It came to the knowledge of Dept/office in 2007. When charge sheeted, she replied in defence that she was originally born in India 1951, migrated to Kenya in 1955 till 1965 when she was brought to India by her father. Thereafter her schooling, further education, marriage with an Indian citizen, her voter card, ration card, PAN card in India only. Therefore she considered herself as Indian citizen. Her Passport expired in 1987 which she got renewed after 19 years in 2006 valid till 2016.
Now question arose that can the dept, where she is working as pharmacist, initiate disciplinary proceedings under Punjab civil service rules( punishment & appeal ) Rules 1970 against ‘A’ for concealing the fact of holding British passport at the time of her appointment in the said dept

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ARVIND JAIN (Expert) 04 February 2009
is it a matter for disciplinary proceedings?

Murali Krishna (Expert) 05 February 2009
Yes. Disciplinary proceedings can be initiated against her, for wrong/non disclosure of particulars in her application form. Refer to (2008)2 SCC (L&S) 1034, UOI V. Bipad Bhanjan Gayen. However, competent authority has to take a decision as to the utility of such action.