BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Seeking issuance of writ of certiorari, the petitioner has sought quashing of order dated 20.8.1996 (Annexure P-7) vide which charge-sheet was issued and order dated 10.10.1996 (Annexure P-9) whereby the Enquiry Officer for holding the departmental enquiry was appointed. Having joined respondent No. 3 as a Clerk on 31.12.1984, the petitioner passed diploma course of Sanitary Inspector on 14.8.1992 and was promoted as Sanitary Inspector. Later on, on complaint made by his colleagues to the effect that certificate of the petitioner regarding Diploma Course of Sanitary Inspectors was bogus, after preliminary enquiry, the petitioner was charge-sheeted and Enquiry Officer was appointed to go into the charges against the petitioner. Vide order of 10.12.1996 issuing notice of motion, further proceedings in the enquiry were ordered to be stayed by this Court which interim order was allowed to continue till further orders in subsequent orders passed by this Court. Though the respondents appeared, giving liberty to move for expeditious hearing of the case to them, the petition was admitted vide subsequent order of 18.2.1998. Finding no ground to vacate the interim order passed earlier, directions were issued to post the main case for hearing within six months.

(2.) Claim of the respondents right from the very start is that proceedings launched against the petitioner are only at initial stage and thus, there is no cause of action in favour of the petitioner. Explaining the entire matter, it has been averred that the institute from which the petitioner had allegedly passed the diploma course was neither a University nor even a Deemed University and the University Grants Commission, New Delhi in their communication of 3.3.1997 (Annexure R-1) had clarified that it was a fake institution functioning in violation of the University Grants Commission Act, 1956. In short, it was claimed that in view of the fact that alleged diploma had been obtained by the petitioner from a bogus university, he was not entitled to any relief and thus has no right to cling to the post got by him by manipulation and dubious means. Dismissal of the petition was sought.

(3.) Hearing has been provided to counsel for the parties while going through the paper book.