JUDGMENT : G.S. Sandhawalia , C.J. The present appeal seeks consideration of the judgment of learned Single Judge passed in CWP No.2083 of 2022, titled as Er. Rahul Sharma Versus The Himachal Pradesh State Electricity Board Limited & others, decided on 30.09.2024, wherein, learned Single Judge chose not to interfere with the order of dismissal dated 21.05.2021 [Annexure P-11] and the order whereby the statutory appeal of the writ petitioner was dismissed vide order dated 30.12.2021 [Annexure P-14]. 2. The learned Single Judge noticed that the appointment of the petitioner-appellant, as such, as Junior Engineer [Electrical], as a reserved category of handicapped person was on the basis of fake certificates of technical qualification and that the Department had found that certificate of Diploma in Electrical Engineering had not been issued by the Monad University. The inquiry had been done by the State Vigilance and Anti-Corruption Bureau, Mandi, and necessary report had been received, wherein, it was stated that enrollment number along with marks sheet and provisional certificates were not issued by the University. In this regard, reliance is placed upon a communication dated 06.01.2020 [Annexure R-6]. It was also noticed that the petitioner was given a lot of opportunities to submit his original certificates, but he did not do so and, therefore, learned Single Judge rightly did not invoke the power of judicial review in the orders passed by the Department dispensing with the services as such of the writ petitioner. 3. Counsel for the appellant has argued that the proceedings were conducted in a biased manner by the Department in a short span, during COVID period and, therefore, he has sought interference as such in the said proceedings, but we are not inclined to accept the argument as it is to be noticed that apart from the proceeding on the departmental side, even an FIR No.175 of 2020 dated 02.07.2020 had been lodged against the appellant-writ petitioner by the Senior Executive Engineer, ES Division, Bijni, Mandi, for having obtained the job as such by furnishing fake certificates and apparently appellant-petitioner was released on bail and is facing trial. 4. 4. A perusal of paper-book of the writ record goes on to show that appointment was given on 07.10.2017 and thereafter, petitioner had been departmentally charge-sheeted on the ground that he was selected by producing fake certificates of technical qualification and adopted malice tactics in violation of Rule 3 of the CCS [Conduct] Rules 1964. List of documents had been appended along with copy of inquiry report and copy of FIR for the purpose of prosecution. The stand as such against the same was that the petitioner had neither been associated with the Inspectors when the inquiry was conducted and nor the complainant had been associated in the investigation. List of additional documents were also supplied to the petitioner on 29.12.2020, before the conclusion of the inquiry proceedings on 01.01.2021. The inquiry report would go on to show that the appellant failed to appear before the Inquiry Officer on different occasions from 11.08.2020 onwards and only on 24.12.2020 he appeared, however, he never brought his original technical certificate. On 29.12.2020 it was noticed that the appellant-petitioner was raising irrelevant issues and questions regarding conducting of the inquiry and was being non-cooperative. Resultantly keeping in view the statements of Sunil Kumar, Executive Engineer and other officials, as such, and the record submitted by the Presenting Officer while placing reliance upon the inquiry report submitted by the Vigilance and Anti- Corruption Bureau, Shimla, the Inquiry Officer came to the conclusion that certificate was bogus and fake and a xerox copy of bogus provisional certificate had been issued along with detailed marks sheet. The findings as such of the Inquiry Officer read as under:- “1. That, the copy of the diploma certificate neither submitted, nor shown at the time of his first appointment/joining as J.E. in Electrical System Division, HPSEBL, Bijni, Mandi and the copy of provisional certificate of diploma in Electrical Engineering and detail marks sheets submitted are not authentic and duly declared bogus by the Monad University and the bogus report has been provided to the Investing Officer, CVC, Mandi. 2. That, Er. Rahul Sharma, JE (E) submitted Xerox copies of bogus provisional certificate & detail mark sheets on 10.10.2017 at the time of his joining. In spite of sufficient opportunity/time, Er. Rahul Sharma, JE (E), the charged official fails to prove the authenticity of his bogus certificates. Henceforth, Er. 2. That, Er. Rahul Sharma, JE (E) submitted Xerox copies of bogus provisional certificate & detail mark sheets on 10.10.2017 at the time of his joining. In spite of sufficient opportunity/time, Er. Rahul Sharma, JE (E), the charged official fails to prove the authenticity of his bogus certificates. Henceforth, Er. Rahul Sharma, JE (E), charged official is found/held guilty for the aforesaid article of charges and simultaneously held responsible for violation of Rule 3(1) of CCS(CCA) Rules 1965. 3. That, the aforesaid certificates submitted by the suspended official is not only bogus, but the Roll No. in different semesters is also different, which is most surprising fact in his certificates. It is matter of fact that the Registration No. and Roll No. of an individual can never be changed before the completion of any Diploma/Degree. 4. From the very first instance, Er. Rahul Sharma, JE (E) is not co-operative and at the time of his joining, the charged official has attached the Xerox copies of Provisional Diploma Certificate and detail mark sheets. He was directed to produce his original Diploma Certificate, so that the same could be got verified from the concerned university. But, in spite of number of reminders till date, he has not produced his original Diploma Certificate to his controlling officer/authority (Annexure H1, H2 & H3) attached. 5. In the reply of questionnaire dated 24.12.2020 (Annex. E4), Er. Rahul Sharma, JE (E) has admitted that his permanent as well as present residential address is Quarter No.26, Type III, HPSEBL Colony, Sarabhai, Distt. Kullu, whereas, as per service book, his address is different, and the charged officer is knowingly did not receive official letters sent on his permanent address and never intimated his Controlling Officer regarding change of address and is clear cut delay tactic on his part. Hence, right from the beginning, his attitude is quite non co-operative & his misconduct is also highlighted in first and second hearing on 24.12.2020 & 29.12.2020. His malice tactic & malafide intention of keeping the department in dark for availing undue benefit by obtaining recruitment on the very basis of fake Technical Diploma in Electrical Engineering is crystal clear. It is further recommended that department may take strict action against the delinquent/charged official under CCS (CCA) Conduct Rules, 1965 as deemed fit. I, Er. His malice tactic & malafide intention of keeping the department in dark for availing undue benefit by obtaining recruitment on the very basis of fake Technical Diploma in Electrical Engineering is crystal clear. It is further recommended that department may take strict action against the delinquent/charged official under CCS (CCA) Conduct Rules, 1965 as deemed fit. I, Er. Satish Kumar, unequivocally declare that I have written this report without any fear, favour or prejudice but absolutely in the light of evidence adduced during the course of inquiry and written statement/questionnaire submitted during the inquiry. I have not in any way used my personal knowledge and information in this matter.” 5. Perusal of the inquiry report shows that apart from the Xerox Copy, the originals had never been submitted and even the roll numbers were different for the semesters including registration numbers in the Diploma/Degree. Opportunities had been granted to produce original Diploma Certificates, as noticed, since the proceedings had already been initiated as the Inquiry Officer had been appointed way-back on 27.07.2020. 6. It is in such circumstances, on the basis of the said inquiry report, the dismissal order was passed, though the inquiry report had been supplied to him, but he chose not to appear for personal hearing before the Appointing Authority, on the ground that there was non-availability of means of transportation. The Appointing Authority had directed providing a vehicle also by the Senior Executive Engineer for to and fro journey, but he chose not to appear and attend the personal hearings and tried to linger on the proceedings leading to dismissal order being passed. 7. In appeal, the same issue was sought to be repeated which was noticed while dismissing the appeal on 30.12.2021 [Annexure P-14]. It is also a matter of fact, recorded by the learned Single Judge that even before the learned Single Judge also the original certificates were not produced. The argument now raised that an opportunity had not been given, apparently is not liable to be accepted after four years. Petitioner has not been able to produce original certificates and moreover no certificate has been appended or that any verification was got done independently from the University in question that the certificates submitted by him were genuine. The argument now raised that an opportunity had not been given, apparently is not liable to be accepted after four years. Petitioner has not been able to produce original certificates and moreover no certificate has been appended or that any verification was got done independently from the University in question that the certificates submitted by him were genuine. In the said circumstances, the preponderance of probabilities principle comes into play and, therefore, the view taken by the Department has been duly upheld by the learned Single Judge and in such circumstances, the order of the Learned Single Judge does not suffer from any infirmity and warrants no interference and accordingly, the appeal is dismissed. 8. Pending miscellaneous application(s), if any, shall also stand disposed of.