JASBIR KAUR Vs. CAT, CHANDIGARH BENCH AND OTHERS

JUDGEMENT

(1.) This writ petition has been directed against the order dated 14.11.2013 passed by Central Administrative Tribunal, Chandigarh Bench whereby the Original Application filed by the petitioner was dismissed.

(2.) Petitioner was appointed as Group-D employee on regular basis on 09.01.1986. Petitioner alleged that at the time of appointment, her antecedents and educational qualifications were duly gone into by the Competent Authority. Petitioner was chargesheeted vide charge-sheet dated 25.06.2010 on the allegation that the certificate on the basis of which the petitioner sought appointment was from unrecognized institution whereas the qualification prescribed for Group-D post was middle pass from a recognized institution. The date of birth of the petitioner could not be verified in the absence of transfer certificate issued by the institution hereinafter known as Adarsh High School, Bhatinda.

(3.) The petitioner could not produce certificate of examination conducted by the Board or the original transfer certificate issued by Adarsh High School, Bhatinda from where middle class qualification was allegedly obtained by the petitioner. Respondent-Department alleged that the employment obtained by the petitioner was on account of certificate which was not from recognized institution and was fake and fraudulent. The objection was raised at the time of audit. The charges were gone into by the Inquiry Officer wherein charges No.II to IV of the charges were duly proved. After due process, a penalty of removal from service was imposed upon the petitioner vide order dated 11.12.2006 on the ground that petitioner had secured the employment on the basis of certificate from unrecognized institution i.e. Adarsh High School, Bhatinda which was not affiliated to Punjab School Education Board in the year 1973-74 (The year of obtaining alleged certificate of 8th pass). Even the said school was not found to be in existence and transfer certificate issued by such institution was also found to be fake. During the course of inquiry, the petitioner could not produce the certificate of having passed 8th class despite number of opportunities granted to the petitioner.