BALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has tiled this writ petition to impugn the order of his dismissal dated 16th/17th July, 2009. The impugned order of dismissal was passed on the basis of enquiry report dated 10th March, 2006. The main grievance of the petitioner is that the enquiry held in this case was contrary to the mandatory provisions of Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules 1987 (for short, "the Rules").

(2.) Having passed his matriculation from Board of School Education. Haryana the petitioner joined P.W.D. (B&R) Department on 7th December. 1979. In the year 1984, the petitioner acquired Diploma in Civil Engineering from Central Polytechnic, Sector 26, Chandigarh, by attending evening classes. On the basis of this diploma, the petitioner was promoted as Road Inspector on 3rd November. 1986. In the year 1988, the petitioner passed A.M.I.E. Degree.

(3.) In 1992, Haryana Public Service Commission advertised some posts of Sub Divisional Engineer for appointment by way of direct recruitment. The petitioner applied for the same and was selected as S.D.O. (Panchayati Raj). He joined the post on 19th May, 1993 and was promoted as Executive Engineer on 22nd July, 1998. While promoting the petitioner as Executive Engineer, his A.M.I.E. Degree was got verified from the Institution, which had issued the same. The petitioner, however, was suddenly called by D.S.P., Jhajjar on 5th June, 2002 with regard to allegations concerning his degree, which he had acquired, but as per the petitioner, he was found innocent. Again on the basis of a complaint submitted to police, investigations were carried out in regard to genuineness of the diploma and A.M.I.E. Degree and still the petitioner was found innocent. It appears that investigations were still conducted, when the petitioner represented to Director General of Police for changing the Investigating Officer, apprehending that fair enquiry would not be conducted in the matter. Ultimately, FIR was registered against the petitioner on 6th January, 2004 with the allegation of presenting a fake diploma and degree. Simultaneously, the petitioner was also charge sheeted on the basis of enquiry conducted by Superintendent of Police, C.I.D. Crime, with the allegation that diploma and degree of the petitioner were fake, leading to causing a financial loss of Rs. 16,32,522.45P by getting an appointment to the post of S.D.O.