The appellant was an employee under the Bihar State Electricity Board, as it then was (hereinafter referred to as the ‘Board’) on 13.11.1984 as a Muster Roll employee on the basis of representation made before the Board for his appointment on compassionate ground claiming that his father, who was in service of the Board, had died on 27.08.1983. The authorities directed him to submit the death certificate of his father along with fitness certificate and relationship certificate etc. for verification. The same was not submitted by the appellant and he continued in service. When the Board took a policy decision to regularize all Muster Roll Workmen, who had worked for more than a year, documents were called from all Area Board Offices for verification. During the said enquiry, it was found that the appellant had submitted a false affidavit, stating that his father died while being in service, for getting appointment on compassionate ground. The appellant was, thus, disengaged with effect from 23.08.2001. The appellant then filed an application under Section 26 (2) of the Bihar Shops and Establishments Act, 1953 (hereinafter referred to as the ‘B.S.E. Act’) challenging such disengagement/dismissal from the service of the Board before the
