RAJEEV GUPTA Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) Petitioner was appointed as a Peon by the respondent-Bank vide appointment letter dated 28.12.1987. Thereafter, he was promoted to the post of Clerk vide order dated 10.12.1990. FIR No.RC-42 was registered by the CBI on 28.11.2001 at Police Station SPE/CBI/ACB/Chandigarh on the basis of information against the petitioner and his father under Section 120-B read with Sections 420, 468, 471 IPC alleging that the petitioner and his father entered into criminal conspiracy with each other and in pursuance of the said criminal conspiracy, they dishonestly got issued a duplicate Middle Pass Certificate from Punjab School Education Board, Mohali showing false date of birth of the petitioner as 05.08.1969 instead of his correct date of birth i.e. 05.04.1971 to make him eligible for the post of Peon in the respondentBank.

(2.) The petitioner and his father were jointly tried and finally convicted vide judgment dated 27.01.2006 passed by the Special Judicial Magistrate, CBI, Patiala under Section 120-B read with Sections 420, 468, 471 IPC and were sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500.

(3.) Services of the petitioner were terminated by the respondentBank with immediate effect vide impugned order dated 28.02.2006 in consequence of his conviction vide judgment dated 27.01.2006.