STATE OF HIMACHAL PRADESH Vs. PINJAR SINGH

JUDGEMENT

(1.) IN this Letters Patent Appeal, State of Himachal Pradesh has assailed the impugned judgment dated 2.8.2012 passed by the learned Single Judge in CWP (To No. 8070 of 2008, titled as Pinjar Singh vs. State of H.P. and another. In terms of the impugned judgment action on the part of the State in removing the writ petitioner from service vide order dated 15.10.2001 (Annexure P -17) stands quashed. In terms of this order dated 15.10.2001 (Annexure P -17), the writ petitioner was imposed with the penalty from removal from service on the ground that by misrepresentation and furnishing a false certificate of a Scheduled Caste category, he got himself appointed to the post of a Patwari, which was actually reserved for a Scheduled Caste category. Writ petitioner does not belong to such category and as such was ineligible for being considered for appointment. Learned Single Judge has primarily quashed this order on the ground that prior to the initiation of the departmental proceedings which culminated into passing of the aforesaid order of removal from service, writ petitioner stood exonerated in earlier two inquiries conducted by the department. Also what weighed with the learned Single Judge was the fact that inquiry reports of these two inquiries were not supplied to the writ petitioner.

(2.) HAVING heard the learned counsel for the parties and also perused the record, we are of the considered view that the appellants have made out a case for interference and the impugned judgment needs to be set aside.

(3.) THE matter, however, did not rest there and the inquiry was entrusted to the Director, Departmental Enquiries. It is also a matter of fact that Director, Departmental Enquiries in his report dated 4.3.1999 exonerated the writ petitioner, inter alia, holding as under: -