DALBIR SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THE prayer made by the petitioner in the present petition is for issuance of a writ in the nature of certiorari for quashing of impugned order dated 13.5.2009 (Annexure P -1), whereby, the revision filed by the petitioner against order of dismissal of his services has been dismissed.

(2.) BRIEFLY , the facts of the case are that the Government of Haryana advertised some posts for recruitment of Constables in the State of Haryana, wherein, some posts were kept reserved for the candidates having distinguished achievement in the field of sports. The petitioner, who claims himself to be a sports personnel applied in the sports quota. He was selected and appointed as Constable vide order dated 6.2.2002 on temporary basis and was allotted regimental No. 4/868 in 4th Battalion, Haryana Armed Police (HAP), Madhuban and thereafter, he was posted as Constable with respondent No. 3. On 21.2.2006, an order of regular departmental inquiry was passed for producing bogus sports certificate at the time of recruitment. A charge -sheet dated 31.7.2006 was issued to the petitioner stating therein that he had produced bogus sports certificate, which was found to be lower in grade and thus he has lowered the image and prestige of the Police Department. In pursuance of the aforesaid charge -sheet, Inquiry Officer was appointed and notice to show cause was issued to the petitioner on 23.11.2006 as to why he should not be dismissed from service on account of producing bogus sports certificate of lower gradation so as to get recruitment in Haryana Police. The petitioner submitted reply to show cause notice on 8.12.2006 and he was ordered to be dismissed from service vide order dated 24.10.2007. Against the aforesaid order of dismissal, the petitioner preferred an appeal before Inspector General of Police, Haryana Armed Police, Madhuban, which was dismissed on 2.5.2008. Thereafter, the petitioner filed revision petition, which was also dismissed on 13.5.2009.

(3.) LEARNED counsel for the petitioner contends that the petitioner participated in wrestling and submitted the participation certificate issued by the Manipur Wrestling Association in 57 Kg. GRECO ROMAN STYLE and on the basis of that certificate he was recruited/selected. The order of dismissal has been passed only on the ground that the certificate of participation was verified from Manipur Wrestling Association and the same was found to be bogus as the petitioner never participated or represented the Manipur Wrestling Association in free style wrestling. Learned counsel further contends that it cannot be said in any manner that the petitioner did not participate in the event which took place from 28.5.1998 to 31.5.1998 as the said certificate was got verified and it was found to be genuine. A specific affidavit was also filed during pendency of this petition, wherein, it has been mentioned that the petitioner has participated in the event and the certificate was not bogus. Learned counsel also submits that the petitioner appeared in 57 KG GRECO Roman STYLE from the State of Manipur but on the next day he could not appear in the bout. The certificate given to the petitioner was only for participation, which is the only requirement of the advertisement. The name of the petitioner was also mentioned in the list of participants and as such it cannot be said that bogus certificate was produced.