RACHHPAL SINGH Vs. PUNJAB PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Rachhpal Singh, petitioner, according to the averments in the writ petition, passed the Anglo Vernacular Middle Examination from S.D.S.E. High School, in the year 1945 and was issued a certificate from the erstwhile Director, Public Instructions, State of Patiala. Further, according to him, he was declared to have passed the Matriculation examination and a certificate was issued by the Panjab University during the year 1947. No date of birth was given in this certificate as the same was awarded to the petitioner under Special Social Service Regulations.

(2.) The petitioner was appointed as a Reader in the Rehabilitation Department, Pepsu, Patiala, on 19th June, 1950. He was later on selected in the Pepsu Public Service Commission as a Clerk in the year 1953. The service book of the petitioner, which was started in the Rehabilitation Department was transferred to the Pepsu Service Commission. On the merger of Pepsu with Punjab on 1st November, 1956 the petitioner was integrated as a clerk in the Punjab Public Service Commission (hereinafter referred to as the Commission). He was promoted as an Assistant in the year 1962 and then was promoted as Deputy Superintendent on 12th June, 1975. In the service record, the date of birth of the petitioner has been recorded as 8.3.1932. According to the petitioner, in the years 1968-70, at the instance of audit objection, the dates of birth of all the employees of the office were verified from the original middle and matric certificates. The petitioner's date of birth was also verified on the basis of his middle class certificate and it was recorded in the service book as under :-

(3.) A complaint was made by one Shri Mehar Chand on 8th March, 1979 that the petitioner had given wrong date of birth as 8.3.1932 and in fact the date of birth of the petitioner was 8.3.1929. On receipt of the complaint, the petitioner was placed under suspension vide order dated 23rd May, 1979 (Annexure P.1). He was served with a charge-sheet vide letter dated 7th July, 1979 (Annexure P.2) and the following charges were levelled against the petitioner :-