LPA No.1281 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1281 of 2009 (O&M) Date of decision: 02.02.2010 Sushila Devi ............Appellant Versus State of Haryana and another ..........Respondents CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Rahul Sharma, Advocate for the appellant. Ms. Ritu Bahri, Sr. DAG, Haryana. ALOK SINGH, J. 1. The present appeal has been filed against the judgment dated 27.10.2009 passed by learned Single Judge, thereby dismissing the writ petition of the petitioner/appellant impugning the termination of his service vide order dated 10.9.2009. 2. The brief facts of the present case are that petitioner joined the service on 7.8.2007 and was later on terminated on LPA No.1281 of 2009 (O&M) -2- 10.09.2009. The petitioner challenged the order dated 10.9.2009 by way of filing CWP No.14413 of 2009 which was disposed of vide order dated 16.9.2009 by the learned Single Judge directing respondent No.2 to consider and decide the representation of the petitioner in accordance with law. Vide order dated 20.10.2009, representation of the petitioner came to be rejected on the ground that copy of the experience certificate submitted by the petitioner was not duly attested and attestation thereof was found to be fake. 3. We have heard learned Counsel for the parties and perused the record. 4. Ms. Ritu Bahri, Sr. DAG, Haryana vehemently argued that although experience certificate itself is not a fake and is genuine, however, attestation thereof was not found to be genuine. Hence, termination is valid on the ground that attestation was found to be fake. 5. It is not disputed that experience certificate submitted by the writ petitioner/appellant was genuine. Merely because attestation thereof was not found to be proved, termination of the service of the petitioner seems to be not justified. If experience certificate is genuine then there is no valid ground to terminate the petitioner from service. Wrong attestation can be a mere irregularity. Genuineness of the certificate is most important rather than attestation thereof. 6. In view of the above, the judgment passed by learned Single Judge cannot be sustained. Hence, the appeal LPA No.1281 of 2009 (O&M) -3- is allowed. Termination order dated 10.09.2009 is quashed. However, in the peculiar facts and circumstances of the case we direct that appellant/petitioner shall not be entitled for back- wages. (ALOK SINGH) JUDGE (ADARSH KUMAR GOEL) 02.02.2010 JUDGE ashish