TALIB HUSSAIN Vs. STATE

JUDGEMENT

(1.) Through the medium of this petition, the petitioner is seeking quashment of Order No.87 of 2003 dated 21.02,2003 issued by Commandant, 2nd Battalion, Jammu, respondent No.2 herein, whereby he has been dismissed from service with immediate effect under the provisions of Rule 337 of Police Manual, Vol. II. on account of his having produced fake School Leaving Certificate.

(2.) The facts-in-brief as projected in the writ petition, are that the petitioner came to be appointed as a Constable in the Police Department in the year 1999. In the year 2003, an FIR No.48/2003 came to be registered against the petitioner allegedly on the allegation that he had produced fake educational certificate at the time of appointment. Consequently, the petitioner came to be dismissed from service with immediate effect vide Order No.87 of 2003 dated 21.02003, impugned herein, issued by respondent No. Thereafter, criminal proceedings also came to be initiated against the petitioner in the Court of Law and ultimately he came to be acquitted of the offence by the Court of 1st Additional Sessions Judge, Jammu vide its order dated 07.10.2010. Further, it is averred that accordingly the petitioner approached respondent No.2 for his re-instatement and also served a notice upon him, however, in reply thereto, respondent No.2 turned down the request of petitioner with the plea that his acquittal does not give him any right to be reinstated in service. Hence, the present writ petition.

(3.) Objections have been filed on behalf of respondents. It is averred that when the respondents received a complainant regarding submission of fake educational certificate, the matter was taken up with Chief Education Officer, Rajouri. Accordingly, it was reported that the certificate produced by the petitioner during his recruitment process was never issued by the Headmaster, High School Ujhan, Rajouri, which was also confirmed by the Chief Education Officer, Rajouri vide his Communication No.CEOR/2687 dated 01.11.2002, as such the petitioner came to be dismissed from service vide the impugned order. It is further averred that looking to the grave misconduct and the gravity of charge attributable to the petitioner; the respondents are well within their right not to reinstate the petitioner on the basis of a fake qualification certificate.