MANOHAR LAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner, who is a retired Science Master from the Education Department, State of Haryana, has impugned the order dated 9.5.2012 (Annexure-P-10), vide which he was compulsorily retired from service. He has also challenged the orders passed by the first and second appellate authority dated 23.8.2012 and 9.4.2013 (Annexures-P-11 and P-12 respectively), vide which his appeal and revision/second appeal were dismissed. The petitioner prays for mandamus directing respondents to reinstate him in service with consequential benefits.

(2.) The case of the petitioner is that he was appointed on 211.1983 on adhoc basis as a Science Master. His services were regularized with effect from 1.11.1986. It is stated that, while working as a Science Master, he sought permission from the Headmaster, Government High School, Bikaner (Rewari) in the year 1997, for appearing in MA (Maths) from Bundail Khand University. The same was allowed, vide order dated 20.11.1996 (Annexure-P-1). The petitioner appeared in MA (Maths) (Previous) examination from Bundelkhand University, Jhansi, through Shri Raghubir Singh Rayaswal, Principal, Sachin Degree College, Gurgaon. He was duly issued admit card and after getting leave for the days of examination, he appeared in Guru Harkrishan Degree College, Jhansi Centre. He was supplied with detailed mark sheet by the Principal of Sachin Degree College, Gurgaon. Similarly, in the year 1998, the petitioner again appeared in MA (Maths) Final Exam under Roll No. 93597 after taking proper permission and leave from 15.4.1998 to 20.4.1998. The Principal of Sachin Degree College, Gurgaon, supplied him detailed mark certificate for M.A. (Maths) Final Examination. The petitioner took it to be genuine one, issued by the Bundelkhand University, Jhansi. Thereafter, the petitioner submitted his case to Headmistress, GHS, Bikaner, Rewari, for promotion to the post of Lecturer (Maths). The same was forwarded, vide letter dated 15.1999. Consequently, the petitioner was promoted by the competent authority to the post of Lecturer (Maths), vide order dated 11.11.1999 (Annexure-P-4). However, in the absence of MA (Maths) degree from the Bundelkhand University, the petitioner did not join the said promotional post. It is stated that later on, somebody filed a complaint, on the basis of which FIR No. 151 dated 14.6.2003, was registered at Police Station City Rewari, against the petitioner under Sections 420, 467, 468, 471 and 120-B IPC. The petitioner was arrested and consequently, he was suspended on 17.1.2004, but was later reinstated in service, vide order dated 5.7.2005 (Annexure-P-5). As a result of the trial of the criminal case, the learned Chief Judicial Magistrate, Rewari, vide judgment dated 24.10.2011 (Annexure-P-6), acquitted the petitioner of the charges framed against him. Later on, vide order dated 28.9.2004, the petitioner was served with a chargesheet under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987, levelling following two charges :-

(3.) In the reply, respondents No. 1 and 2 have not disputed the facts. It was stated that the MA (Final) Maths Degree 1998 was got verified by the department and it was reported by the Bundel Khan University that the candidate had appeared in M.Sc. Final March 1998 Bundelkhan College Jhansi, but he failed in exam. The mark sheet No. 38758 was never issued by the University and the mark sheet sent by the department is fake/forged. It was on the basis of said report that the matter was remanded back to the Inquiry Officer, who submitted the inquiry report, holding the petitioner guilty of the charges framed against him. While referring to the case of Radhey Shayam, Ex. S.S. Master, who had obtained the benefit of promotion by producing a fake certificate of M.A. degree, it was stated that the said employee was dismissed from the service.