MADAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India assails, (i) the departmental enquiry report dtd. 8/12/1999; (ii) the penalty order of dismissal from service dtd. 3/1/2000; (iii) the appellate order dtd. 24/3/2001; and (iv) the review order passed by the Governor dtd. 6/2/2002. The petitioner prays that the said proceedings/orders may be quashed and set aside, with further direction to reinstate him in service with consequential benefits.

(2.) The single dominant question for adjudication is whether the disciplinary proceedings culminating in dismissal from service was legally sustainable and whether it qualified the tests of procedural fairness, reasoned appreciation of evidence and proportionate exercise of disciplinary discretion.

(3.) Succinctly, the petitioner was appointed on the post of Constable by order dtd. 7/3/1986 and joined duty on 14/3/1986. On 1/4/1999, he was served with a charge sheet (Annexure-1) containing three charges. The central and cardinal allegation (Charge No.1) was that the petitioner had procured employment by submitting a forged Primary Pass Certificate purportedly issued by 'Dayal Primary School, Sujangarh'. The preliminary enquiry conducted prior to the departmental reference purported to show the certificate to be fabricated, inter alia relying upon a letter said to have been issued by the District Education Officer (Boys), Churu. On 16/4/1999, Enquiry Officer was appointed to hold a formal departmental enquiry. The Department produced ten prosecution witnesses and exhibited eight documents. The petitioner produced five defence witnesses and exhibited 13 documents, including an affidavit of one Master Dungar Mal (Annexure-2), the headmaster who, according to the petitioner's case, corroborated the existence of the school and the genuineness of the certificate.