RAJINDER SINGH Vs. DTC

JUDGEMENT

(1.) The petitioner herein was appointed as Security Guard on 8 th November, 1974 with the respondent Delhi Transport Corporation (DTC). The petitioner was promoted as Havaldar on 4 th February, 1983 and thereafter got promoted to the post of Assistant Security Inspector (ASI) on 25 th June, 1986. In that position he retired on 31 st July, 2009 after attaining the age of superannuation. On 1 st September, 2009 he was paid his gratuity and other retiral benefits were released to him on 22 nd September, 2009. However, chargesheet was issued to him on 23 rd February, 2010 i.e. after about seven months from the date of his retirement asking him to explain why proceedings should not be initiated against him under the CCS (Pension) Rules, 1972 for producing forged educational documents at the time of his promotion.

(2.) It so happened that when the petitioner was still in the employment, on 11 th July, 2008 a complaint was received against him that his educational certificate of having passed High School Examination in 1968 was fake. According to this certificate, he had passed High School Examination in the year 1968 from the Board of Higher Secondary Education, U.P. Inquiry was made and the said Board informed the respondent DTC vide its letter dated 27 th July, 2009 that the certificate produced by the petitioner was not genuine and that the name of the candidate appearing against Sl. No. 4182 was not Rajinder Singh s/o Shri Ramphal. Instead, as per the records of the Board, it was one Shri Raghuraj Singh Bisht, s/o Sh. Chandan Singh who was given this certificate.

(3.) It would be pertinent to mention here that for appointment to the post of Security Guard to which post the petitioner was initially appointed, the educational qualification required is passing of 8 th Standard which qualification the petitioner possessed. Same qualification was required for promotion to the post of Havaldar. Therefore, upto this stage, there was no issue. However, the minimum qualification prescribed for promotion to the post of ASI is matric/high school. At the time of promotion to this post, the petitioner had produced the aforesaid certificate showing that he had passed the High School Examination. On this basis he got the promotion. However, now he admits that he did not possess the said qualification and during the course of argument before the Tribunal as well, he conceded that the certificate produced by him was forged.