STATE OF HARYANA Vs. BACHAN SINGH

JUDGEMENT

(1.) 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.) DEFENDANT contested the suit of the plaintiff urging that the plaintiff's 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 :-

(3.) 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.