Research › Search › Judgment

Punjab High Court · body

2002 DIGILAW 1087 (PNJ)

State of Haryana v. Bachan Singh

2002-10-17

M.L.SINGHAL

body2002
JUDGMENT M.L. Singhal, J. - Bachan Singh son of Atma Ram of village Sarseri Tehsil and District Amabla was appointed as PTI in November, 1988. His services were terminated vide order dated 9.6.92 by District Education Officer, Ambala saying that he had got appointment to the post of PTI in the Education Department of the Government of Haryana by fraud. For getting appointment to the post of PTI in the Education Department of the State of Haryana, he represented that he was matriculate though he was not matriculate. He secured this appointment on a fake matriculation certificate produced at the time of interview. Fact of the matter is that he did not secure appointment to the post of PTI in the Education Department of the State of Haryana by producing any matriculation certificate. In fact, he never represented that he was matriculate. He secured appointment to the post of PTI by representing that he was an ex-serviceman and that he had passed all the courses in the army and that when he had passed all those course in the army, he was presumed to be matriculate. Department has already got verified this fact through District Sainik Board, Ambala. In the case registered under Sections 420, 465, 467 IPC etc. he was acquitted. No inquiry was conducted against him before his services were terminated vide order dated 9.6.1992. Order dated 9.6.1992 terminating his services was against facts and law and was unconstitutional and arbitrary and was not based on rules or principles of natural justice and was nullity in the eye of law along with the order passed in appeal which was also nullity. On these allegations, Bachan Singh filed suit for mandatory injection directing the State of Haryana to pay him all arrears of pay together with other service benefits as the order dated 9.6.1992 passed by the District Education Officer, Ambala was unconstitutional, arbitrary and was passed in contravention of the principles of natural justice along with the order passed in appeal which is also nullity and for further direction to the State of Haryana to pay him all arrears of pay, allowances along with other benefits like increments, D.A. etc. with interest, future interest, costs and counsel fee. 2. with interest, future interest, costs and counsel fee. 2. Defendant contested the suit of the plaintiff urging that the plaintiffs services were justifiably terminated as he secured appointment to the post of PTI by practising fraud on the department as he had obtained this appointment on the basis of fake matriculation certificate produced at the time of interview for the post of PTI. One of the conditions for appointment was that the should be matriculate which the plaintiff was not. It was urged that the services of the plaintiff were dispensed with as it was found in a departmental inquiry that he had obtained appointment letterer for the post of PTI by producing a forged matriculation certificate. As he was an ad hoc employee, he could be terminated any time even without notice. Criminal case was registered against him as he got appointment to the post of PTI by producing a forged matriculation certificate. On the pleadings of the parties, the following issues were framed :- 1. Whether the plaintiff is entitled for the decree for mandatory injunction as prayed ? OPP 2. Whether the suit of plaintiff is not maintainable in the present form ? OPD 3. Whether the plaintiff has not come to the court with clean hands, if so its effect ? OPD 4. Whether the suit is bad for non-joinder of necessary parties ? OPD 5. Whether the suit is time barred ? OPD 6. Whether the suit is bad for want of notice under Section 80 CPC ? 7. Relief. 3. Civil Judge (Senior Division), Ambala, vide order dated 25.10.1999 decreed the plaintiffs suit for declaration that the impugned order dated 9.6.1992 was illegal, arbitrary and not binding upon his rights and that he was entitled to be taken back in service with all consequential benefits in view of his finding that the plaintiff had not secured appointment to the post of PTI on the basis of forged matriculation certificate. In fact, he was an ex- serviceman and he had passed all the courses and as he had passed all the courses, he was to be presumed as matriculate. It was found that Haryana had recognised the army first class with 15 years military service as equivalent to matriculation being higher secondary Part I examination of the Punjab University, Haryana School Education Board for the purpose of employment. It was found that Haryana had recognised the army first class with 15 years military service as equivalent to matriculation being higher secondary Part I examination of the Punjab University, Haryana School Education Board for the purpose of employment. Certificate issued by the Zila Sainik Board, Ambala proved that his appointment was on the basis of his being an ex-serviceman and there was no necessity for him to get appointment by producing a forged certificate. 4. Suit was found to be within time. Suit was found to have been validly instituted after serving of notice as envisaged in Section 80 CPC. 5. State of Haryana went in appeal which was dismissed by Additional District Judge, Ambala vide order dated 29.3.2000. Still not satisfied, State of Haryana has come up in appeal to this Court. 6. In this regular second appeal, the following question of law, which can be said to be substantial, is arising: "Whether the finding of fact based on no evidence, which brings about serious miscarriage of justice is binding on the High Court in second appeal ?" 7. Bachan Singh PW1 (plaintiff) stated that he was appointed to the post of PTI in the State of Haryana as he was ex-serviceman, while in army he had passed many examinations which could be taken to be equivalent to his having passed middle standard examination or matriculation examination. Zila Sainik Board, Ambala gave certificate that he was fulfilling the necessary qualifications for the post of PTI and he was to be treated as matriculate in view of the courses which he had passed while in army. Before the services of Bachan Singh were dispensed with, the department held an inquiry into the matter. During the course of inquiry, it was found that Bachan Singh secured appointment to the post of PTI on the basis of his being matriculate. In the course of inquiry when Bachan Singh was confronted with this fact, he stated that he had been studying in Government Middle School, Sarseri till the year 1958 and was under middle pass and his dated of birth was 30.6.1941. When he was called upon to produce the original employment card issued to him by the Employment Exchange, he stated that he did not have the original card given to him by the Employment Exchange. When he was called upon to produce the original employment card issued to him by the Employment Exchange, he stated that he did not have the original card given to him by the Employment Exchange. When he was confronted with the photostat copy of the card given to him by the Employment Exchange, he stated that he did not have the original of the photostat of that card given by the Employment Exchange. When he was called upon to produce the original matriculation certificate, he stated that he had passed first class certificate from the army and that he had put in 15 years service in the army and therefore he was entitled to be taken to be matriculate. He did not produce the certificate given to him by the Secretary, Zila Sainik Board, Ambala during inquiry. He stated that in the year 1988 when he applied for the post of PTI, he had attached matriculation certificate with the application form together with the certificate of Secretary, Zila Saink Board, Ambala. In the inquiry, it was found that he had got appointment to the post of PTI on the basis of a forged matriculation certificate. He submitted application Ex. D1 (photostat) for appointment to the post of PTI. He gave his Bio-data, in the column of qualification, he stated that he was matriculate having secured 383 marks out of a total of 900 marks. He was placed in third division. He had nowhere stated that he was holding army first class with 15 years military service and as such was to be treated as equivalent to matriculation/Higher Secondary Part I examination of Punjab University or Haryana School Education Board. Shri Som Nath, Assistant, Office of District Education Officer, Ambala stated that the plaintiff had furnished his bio-data at the time of interview in a proforma, copy of which is Ex.D1 in which he had stated that he was matriculate and that his matriculation certificate was Ex. D2 (copy). Certificate Ex. D2 was found to be not related to the plaintiff when it came to be verified. This certificate pertained to one Harbans Singh son of Mehar Singh roll No. 162519 who had appeared at matriculation examination held in March 1962 by the Punjab University as a student of DAV High School, Ambala Cantt. He secured 383 marks and was placed in the third division. He was born on 1.10.1945. This certificate pertained to one Harbans Singh son of Mehar Singh roll No. 162519 who had appeared at matriculation examination held in March 1962 by the Punjab University as a student of DAV High School, Ambala Cantt. He secured 383 marks and was placed in the third division. He was born on 1.10.1945. Certificate produced by him Ex. D2 roll No. 162519 related to some body else and not to this Bachan Singh as this Bachan Singh was born in 1941 and not in 1945. He forged certificate Ex. D2 (copy) and then got appointment to the post of PTI on the basis of false and forged certificate. In the gazette notification issued by the Punjab University qua the matriculation examination held in March 1962, against roll No. 162519, one Harbans Singh son of Mehar Singh, date of birth 1.10.1945 is shown to the appeared and passed securing 383 marks. He is shown to be a member of NCC. In certificate Ex. D2 which the plaintiff produced at the time of interview, he is not shown to be a member of NCC. In the inquiry, the finding was that Bachan Singh who was actually not a matriculate had fraudulently after tampering with a genuine matriculation certificate of one Harbans Singh submitted a fake certificate to get himself registered in employment exchange and subsequently submitted the same certificate to get the job of PTI for which matriculation was the essential qualification. Photocopy of the certificate submitted by Bachan Singh at the time of interview for selection was sent to the Superintendent of Police for getting it verified who reported that roll number which is indicated on the top of the certificate does relate to one Harbans Singh resident of House No. 91, village Rampur, District Ambala as indicated in the record of DAV School, Ambala Cantt. Certificate was in fact issued to Harbans Singh. The other details tally with the certificate issued to Harbans Singh. Inquiry officer found that even the visual inspection of certificate Ex. D2 reveals that the name and fathers name had indeed been typed on a different typewriter. Bachan Singh n his statement before the inquiry officer accepted that he had actually tampered with the certificate of Harbans Singh and inserted his name. He also stated that he did it at the instance of Shri K.K. Sharma, Ex. DEO, Ambala. 8. D2 reveals that the name and fathers name had indeed been typed on a different typewriter. Bachan Singh n his statement before the inquiry officer accepted that he had actually tampered with the certificate of Harbans Singh and inserted his name. He also stated that he did it at the instance of Shri K.K. Sharma, Ex. DEO, Ambala. 8. Faced with this position, learned counsel for the respondent submitted that in the criminal case Bachan Singh was acquitted by the Additional Sessions Judge. Be that as it may, Ex. D2 was produced by Bachan Singh for securing employment card from the employment exchange. Same certificate was produced at the item of interview for securing appointment to the post of PTI. It would bear repetition that this certificate did not relate to him, it related to one Harbans Singh son of Mehar Singh who was born on 1.10.1945 and who has passed matriculation examination held by the Punjab University in March 1962 securing 383 marks and was placed in the third division. In certificate Ex. D2 he had shown the same detail of marks which Harbans Singh son of Mehar Singh had secured. In the inquiry, plaintiff was joined and heard. 9. In view of what has been said above, the conclusion is irresistible that the finding of fact arrived at by both the courts below is not based on any evidence on record and can be said to be supported by no evidence. Such a finding of fact which is based on no evidence has to be set aside by the High Court as if said finding of fact is not set aside, it will perpetuate injustice. 10. For the reasons given above, this appeal is allowed. Judgment and decree of both the courts below are set aside. In consequence, the plaintiffs suit is dismissed. No order as to costs. Appeal allowed.