RAMESH CHAUHAN Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal has been directed against judgement dated 15.10.2009 passed by learned Single Judge in CWP(T) No. 8670 of 2008 whereby the learned Single Judge has dismissed the petition filed by the appellant as pre -mature.

(2.) THE facts in brief are that petitioner was appointed as Assistant Sub Inspector on 29.10.1993 against 1% quota reserved for sportsman. The Commandant, India Reserve Battalion, Bessal on 3.2.1997 informed the appellant that since the education qualification required for direct recruitment as Assistant Sub Inspector of Police was graduate and the applicant had produced B.A. certificate issued by Varanasaya Vishv Vidyayala, Varanasi, which has been declared as fake University by U.G.C., as such the appellant had acquired appointment fraudulently and he should explain as to why he should not be immediately discharged from service for not possessing requisite education qualification. The appellant filed the reply. A regular inquiry was instituted against the appellant vide order dated 25.3.1997. The appellant was supplied with the substance of imputation of misconduct on 8.4.1997, which was replied by the appellant on 15.4.1997. The regular charge -sheet was issued to the appellant on 16.8.1997. The Inquiry Officer was appointed, who submitted his report, thereupon show cause notice dated 25.5.1998 was issued to appellant, which was assailed by the appellant before H.P. Administrative Tribunal alongwith inquiry report. A prayer was also made in the Original Application that in case the respondent -department issues any order pursuant to which appellant is thrown out of the job, in that event such order may also be quashed and set -aside and the applicant may be directed to be reinstated in service with all consequential benefits.

(3.) THE H.P. Administrative Tribunal was abolished and the cases of erstwhile Tribunal were transferred to this court. A learned Single Judge after hearing the learned counsel for the parties dismissed the petition on 15.10.2009 holding it to be pre -mature. In this way the matter has come in appeal.