IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1536 of 2010 Date of Decision : January 18, 2011 Smt. Ram Ratti and another ....Appellants Versus State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE T.P.S.MANN Present : Mr. P.K.Ganga, Advocate for the appellants. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M.KUMAR, J. 1. The learned Single Judge has recorded the findings that the husband of appellant No.1 Shri Dharambir Singh has entered service as Constable by fabricating his date of birth in the matriculate certificate. According to the original certificate, his actual date of birth was 10.3.1956 whereas he fabricated the same to be 10.3.1959 so as to become eligible for entering into service. The aforesaid findings were returned in a departmental proceedings held against Shri Dharambir Singh which have been affirmed by the learned Single Judge. The order of dismissal passed against Shri Dharambir Singh has also been found sustainable in the eyes of law. The other argument that in similar circumstances, another Constable was awarded punishment of stoppage LPA No. 1536 of 2010 -2- of ten increments with cumulative effect has also been taken care of by issuing direction to respondent-State of Haryana to reexamine the case of Surinder Kumar Constable and removed the discrimination. 2. Having heard learned counsel for the appellants, we are of the view that no interference in this appeal filed under Clause X of the Letters Patent is warranted. Once the department has found that the appellant has fabricated matriculate certificate by changing his date of birth then there was no possibility of taking any lenient view and the punishment of dismissal from service cannot be considered to be disproportionate to the magnitude of misconduct. Accordingly, the appeal is without merit which is dismissed. ( M.M.KUMAR ) JUDGE ( T.P.S.MANN ) January 18, 2011 JUDGE ajay-I