AMARJIT KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner, who was holding the certificate of course in Physical Education conducted by the Bihar School Examination Board, Patna, under Roll No.PAT-185 held in April 1975, was appointed as P.T.I. in the Education Department of State of Punjab on 10.08.1976 on adhoc basis. Later on, her services were regularized w.e.f. 01.10.1980. Thereafter, a complaint was received against the petitioner, regarding the genuineness of her Physical Education Certificate. The verification was sought from the Principal Government College of Health and Physical Education, Rajinder Nagar, Patna, who sent a letter dated 29.11.2003 to respondent No.3, stating that the petitioner has passed the CPEd. Examination from the Bihar School Examination Board.

(2.) It is claimed by the petitioner that due to rivalry with one of her colleagues, she was charge-sheeted on 13.12.2010, stating that her CPEd certificate is forged and over writing has been made on the marks sheet and petitioner has been shown passed in the examination. The matter was also referred to the Vigilance Bureau, Punjab, for investigation. Vide letter dated 12.05.2011 (Annexure P-15), the Senior Superintendent of Police, Vigilance Bureau, Ferozepur, intimated the Principal of the Government Senior Secondary School, Chimnewala, District Ferozepur, where the petitioner was posted that after the inquiry, the allegations against the petitioner has not been proved. Thereafter, on filing reply to the charge-sheet dated 13.12.2010 (Annexure P-11), a regular inquiry was held and accordingly, the report was submitted on 09.06.2011 (Annexure P-16), wherein the Inquiry Officer reported that the charges against the petitioner are not proved. Petitioner superannuated on 31.12.2011. Since the pensionary benefits were not released to the petitioner, therefore, she filed CWP No.4543 of 2012 for issuance of direction to the respondents to release pensionary benefits to him. Thereafter, provisional pension was released to the petitioner. GPF and leave encashment were also released but gratuity was not released to the petitioner. Thereafter, a fresh show cause notice dated 01.10.2012 (Annexure P-21) was issued to the petitioner under Rule 8 of the Punjab Civil Services (Punishment and Appeal) Rules 1970 and Rule 2.2(A) of the Punjab C.S.R. Vol. 2 and under Rule 5 (V to IX) of Rule 5, wherein the same charges of forgery of the certificate were levelled in the enclosed charge-sheet, alleging that she had in fact, obtained 515 marks in CPEd. Examination but he had over written the same to make the marks as 525 and got appointment on the basis of aforesaid certificate. Petitioner seeks quashing of second charge-sheet in the present petition.

(3.) The State in its reply had not denied that in the first chargesheet, the inquiry was got conducted. However, it was stated that the inquiry was not fully satisfactory as many points were not explained such as at one time the Bihar School Examination Board, Patna declared the petitioner pass in CPEd by securing 525 marks and later on, vide its letter dated 24.11.2003, she was declared fail scoring 515 marks. Therefore, some letters were written to the concerned authorities of Bihar Education Board for verification of certificate as no reply was received. Shri Kashmiri Lal, Head Master, Government High, Kikar Khara, District Ferozepur/Fazilka was deputed to obtain the report. He met the Deputy Secretary (Nigrani) and got the report vide memo No.359, dated 25.08.2012 that Smt. Amarjit Kaur (petitioner), bearing Roll No.PAT 185 has failed in the CPEd Examination in the year 1974 and secured 515 marks. Hence, the fresh charge-sheet dated 01.10.2012 (Annexure P-21) was issued.