RATTAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Order of dismissal dated 12.12.2005 (Annexure P-7) and the order dated 10.1.2007 (Annexure P-9) passed by the Appellate Authority are under challenge in the present writ petition. It may be useful to briefly notice the facts of the case.

(2.) Petitioner, whose real name is Ratan Singh has another brother Prem Singh. They are twins. It appears that both of them applied for appointment in the Department of Weights and Measures, Punjab. Prem Singh had also applied for the post in Central Excise and Customs Department. He was selected for both the posts. He received the appointment letter from the Central Excise and Customs Department and joined the said service. Since, he was also selected for the post of Manual Assistant in the Department of Weights and Measures, the said letter was posted at the village address of Prem Singh. The present petitioner Ratan Singh taking advantage of the appointment of Prem Singh joined the Weights and Measures Department in the name of Prem Singh and also used his certificates to secure the entry in the Govt. service in the year 1974. Later Prem Singh was regularised in the year 1975 and petitioner continued to work representing himself as Prem Singh in the department. In the year 2002 petitioner applied for voluntary retirement and served a notice dated 10.6.2000 seeking his relief on voluntary retirement w.e.f. 21.8.2002. While his request for voluntary retirement was pending the Department of Weights and Measures seems to have received a report from the A.D.G.P (Vigilance), Punjab regarding the fraudulent entry of the petitioner in the name of Prem Singh. Based upon the said report, petitioner was placed under suspension w.e.f. 9.9.2002. His suspension was followed by memo of charge sheet dated 27.1.2003 with the following charges :-

(3.) The department also lodged FIR No. 20 dated 1.8.2003 under Sections 409, 419, 420, 467, 468, 471, 120-B IPC and Section 13 (1) (d) read with Section 13 (2) of Prevention of Corruption Act at Police Station Vigilance Bureau, Mohali. On completion of investigation a charge sheet has been filed in the Court and petitioner and Prem Singh his brother are facing the criminal charge. The petitioner and his brother were however admitted to bail. After soliciting the reply from the petitioner and being dissatisfied from the reply, an Enquiry Officer was appointed vide order dated 13.8.2004. The Enquiry Officer submitted his report dated 22.12.2004 on culmination of the enquiry. The Enquiry Officer has reported that the charges against the petitioner stand proved. Based upon the enquiry report, the disciplinary authority served a show cause notice dated 4.3.2005 upon the petitioner seeking his explanation and also proposed to initiate action for imposing major penalty of dismissal. Petitioner's reply was asked for within 21 days. The petitioner has submitted his reply and on consideration of the enquiry report and reply the competent authority passed the impugned order dated 12.12.2005 dismissing the petitioner from service and simultaneously Rs. 8,11,723/-, the salary drawn by the petitioner has also been ordered to be recovered from him.