Punjab-Haryana High Court
Balwinder Kaur vs State Of Punjab And Others on 4 April, 2024
Author: G.S. Sandhawalia
Bench: G.S. Sandhawalia
Neutral Citation No:=2024:PHHC:045238-DB
Neutral Citation No. 2024:PHHC:045238-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(106) LPA-181-2023
Decided on : 04.04.2024
Balwinder Kaur
......Appellant(s)
Versus
State of Punjab & others ......Respondent(s)
CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA,
ACTING CHIEF JUSTICE
HON'BLE MS.JUSTICE LAPITA BANERJI
Present: Mr.Rohit Mittal, Mr.Babneet Singh & Mr.Rahul Verma,
Advocates for the appellant (s).
*****
G.S. Sandhawalia, Acting Chief Justice (Oral)
1. Consideration in the present appeal is to the judgment dated
23.04.2018 passed in CWP-415-2018 whereby the Learned Single Judge
refused to interfere in the order of termination dated 01.09.2015 (Annexure P-
12) which had been duly upheld in appeal and review decided on 28.10.2015
and 17.08.2017 respectively (Annexures P-14 and P-16).
2. What weighed with the Learned Single Judge is that the
experience certificate did not exist regarding working at the printing press and
the finding of fact was recorded by the Enquiry Officer had been duly
confirmed in appeal and in review. An attempt was made to get the order of
the Learned Single Judge reviewed by filing RA-CW-266-2018 which was
also dismissed on 13.01.2023 which had come up before another Learned
Single Judge since the earlier Judge was not serving in this Court at that point
of time.
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3. Counsel for the appellant has made a vain effort to convince us to
entertain the appeal on the ground that evidence had been produced before the
Enquiry Officer in the form of two employees who had worked in the Printing
Press but this aspect was not duly examined.
4. We have perused the paperbook. Apparently, the appellant
secured appointment on 01.01.2013 as a Learner Binder (Junior Technician) in
the Printing & Stationery Department, Punjab and an appointment order was
issued (Annexure P-3). The same was on the strength of the experience
certificate dated 04.05.2009 (Annexure P-2) of having worked with one
Dashmesh Printing Press from 10.01.2005 to 30.04.2009. Vide
communication dated 07.01.2013 (Annexure P-4), the employer had sought to
verify the experience certificate on the receipt of a complaint and on not
getting the references at the address given by the office concerned, initial
enquiry had been made regarding the experience certificate and she was
charge-sheeted on 14.08.2014 (Annexure P-5). The article of charge which
was framed read as under:
"1. Smt. Balwinder Kaur, Learner Binder, Government Press,
S.A.S.Nagar, Punjab, submitted Fake Experience Certificate stated to
be issued by M/S Dashmesh Printing Press, Factory no.-250-H, Village
Bhareri, Sector-41-D, Chandigarh, was presented before Subordinate
Services Selection Board, Punjab to get fake appointment as Learner
Binder in the concerned department."
5. A preliminary investigation had been conducted by Shri Ujagar
Singh, Deputy Controller (Finance & Audit)-cum-Chief Vigilance Officer and
an Enquiry Officer was appointed who is a retired Addl.District & Sessions
Judge. Vide his enquiry report, he examined 3 witnesses on behalf of the
Department whereas the appellant-employee also examined Kuldeep Singh as
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DW1 and Ram Lubhaya as DW3 who were allegedly working with the
Printing Press. Vide detailed and reasoned report, the Enquiry Officer came to
the conclusion that for running such an establishment, there would have been a
licence but nothing had been brought on record as to whether the Press existed.
On physical verification, the persons who were occupying the premises stated
that no Press had ever existed in that building. It was also noticed that there
was a litigation inter se between the husband and wife and proceedings had
been initiated under Section 498A IPC by the present appellant. In such
circumstances, the Enquiry Officer came to the conclusion that the experience
certificate was a forged one procured for getting the Government job. It is in
such circumstances, the termination order was passed by the Controller,
Printing & Stationery Department, Punjab on 01.09/2015 (Annexure P-12)
while noticing that the employee was under probation which had been duly
extended but never confirmed on account of the enquiry proceedings. The
opportunity of personal hearing was also given at that time.
6. In appeal, the Appellate Authority noticed that no new material
was brought on record during the departmental enquiry and the employee
could not prove the experience certificate and the fact that the Press was in
existence and accordingly dismissed the appeal. Review application was also
thus dismissed on 17.08.2017 (Annexure P-16) by noticing that if a
Government employee defrauds by producing a fake certificate, he/she could
not be kept at the job and there is no flaw in the earlier order.
7. The jurisdiction of this Court while deciding the petition under
Article 226 of the Constitution of India is limited to the extent that judicial
review is only to be exercised if the procedure followed is not correct or there
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is and procedural error or that the principles of natural justice have been
violated. In the absence of the same, we do not find that the Learned Single
Judge had erred in any manner in dismissing the writ petition wherein the
order impugned had been upheld by authorities on the departmental side.
8. Resultantly, in the absence of any illegality or irregularity in the
well reasoned order passed by the Learned Single Judge, we do not find any
scope for interference. Accordingly, in view of the above discussion, finding
no merit in the present appeal, same is hereby dismissed in limine.
(G.S. SANDHAWALIA)
ACTING CHIEF JUSTICE
(LAPITA BANERJI)
04.04.2024 JUDGE
Sailesh
Whether speaking/reasoned : Yes
Whether Reportable : No
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