Jaimal Singh vs State Of Punjab And Others

Jagmohan Bansal, J

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order passed by departmental authority whereby he was dismissed from service.

The petitioner was enlisted as Constable in Punjab Police on 06.04.2000 on compassionate ground. His brother was Constable in Punjab Police who was killed by terrorists on 01.03.1993. He was granted relaxation in age and qualification. The respondent initiated inquiry against him alleging that he has submitted fake 8th Standard Certificate. The inquiry officer found him guilty of misconduct. He submitted his reply to show cause notice. The departmental authority vide order dated 23.02.2001 awarded him punishment of dismissal from service. He preferred an appeal which came to be dismissed vide order dated 15.03.2001 passed by Appellant Authority. He further preferred revision which came to be dismissed by Inspector General of Police, P.A.P. Jalandhar Cantt. vide order dated 17.06.2002.

Learned counsel for petitioner submits that petitioner was subjected to criminal proceedings on the sole set of allegations which formed basis of departmental proceedings. He was acquitted by trial Court, thus, deserves to be reinstated under Rule 16.3 of Punjab Police Rules, 1934.

PER CONTRA, learned State counsel submits that petitioner was acquitted on technical grounds. The verification revealed that his year of birth was 1966 whereas he produced documents showing his year of birth 1976. He was granted relaxation in qualification still submitted fake certificate of 8th Standard.

Heard the arguments and perused the record.

From the perusal of record, it is evident that the petitioner was issued appointment letter dated 06.04.2000 on compassionate ground. He was granted relaxation in age and education qualification. He submitted document disclosing his date of birth 04.08.1976. He admitted before authorities that his actual date of birth is 14.06.1966 and 8th Class Certificate produced at the time of recruitment was attached by Mr. Hardeep Singh, Advocate. These facts collectively reveal that petitioner submitted forged documents. It is settled proposition of law that fraud vitiates everything. He has been acquitted by trial Court extending benefit of doubt. He cannot be allowed to remain in Police Force. There is no infirmity in the impugned orders.

In the wake of above discussion and findings, this Court is of the opinion that petition deserves to be dismissed and accordingly dismissed.

Pending Misc. application(s), if any, shall also stand disposed of.