LPA No. 238 of 2008 1 In the High Court of Punjab and Haryana, Chandigarh. LPA No. 238 of 2008 (O&M) Date of Decision: 03.02.2010 Union of India ....Appellant. Versus Deva Singh and others ....Respondents. Coram:- Hon'ble Mr. Justice Adarsh Kumar Goel Hon'ble Mr. Justice Alok Singh Present: Mr. Jagjit Singh, Advocate for the appellant. None for the respondents. ... Alok Singh, J. 1. Present appeal has been preferred against the order dated 29.5.2008 passed by the learned Single Judge, thereby remanding the matter to respondent No.4 - Commandant 55 Battalion, CRPF, C/o 56 APO for reconsideration of quantum of punishment. 2. The petitioner filed the writ petition challenging the order of his dismissal dated 17.2.1997 (Annexure P-4) and the order dated 19.5.1997 (Annexure P-6) passed by the Appellate Authority confirming the dismissal of the petitioner with a relief for direction to the respondents to re-induct him in service with continuity of past service. 3. Brief facts of the case are that the petitioner was recruited as Constable on 11.12.1992. On being recruited, he was deputed for three LPA No. 238 of 2008 2 months' training at Group Centre, Pinjore. On completion of the training, he remained posted at Group Center, Pinjore for one year and later transferred to 91 Battalion, CRPF, Tarn Taran, Punjab. Thereafter, he was transferred from time to time to different places. It is further alleged that during the entire tenure of service, he performed his duties efficiently and to the satisfaction of his superiors and no accident was caused by him as a Driver. 4. Later on, it was revealed that at the time of his appointment as Constable in 1992, the age of the petitioner was 18 years 8 months. However, as per his driving licence produced at the time of his recruitment issued on 10.6.1987 for heavy vehicles by the Licencing Authority, Solan, he was only 14 years 2 months of age. 5. On becoming suspicious, respondent No.4 conducted summary enquiry and recorded a finding that the driving licence of the petitioner seems to be fake. On the basis of the said report, a regular departmental enquiry was ordered against the petitioner. Ultimately, the petitioner was dismissed from service vide impugned order dated 17.2.1997. 6. Aggrieved by his dismissal order, the petitioner filed an appeal, which was also dismissed vide order dated 19.5.1997 Hence, both the orders were challenged before the learned Single Judge by filing the writ petition. 7. We have heard learned counsel for the appellant and perused the record. 8. Learned Single Judge in the order dated 29.5.2008 has observed as under: “I believe that under the peculiar facts and circumstances of the case, when the petitioner was a qualified driver and his only LPA No. 238 of 2008 3 omission was that he did not produce the valid driving licence at the time of his recruitment and rather produced a fake driving licence to secure the job. It is not the case that the petitioner was not eligible for the job. In view of the driving licence dated 11.10.1991, he was fully qualified for appointment as a driver. Keeping in view this fact, I am inclined to interfere in exercise of jurisdiction under Article 226. The order of dismissal under the given circumstances is too harsh on the petitioner.” 9. Learned counsel for the appellant argued that since the petitioner obtained recruitment on the basis of fake driving licence, learned Single Judge should not have interfered with the dismissal order. 10. Driving licence issued to the petitioner in the year 1987 was believed to be fake only on the ground that on the date of issuance of the same, he was 14 years of age, and hence, it could not have been issued to the petitioner. Admittedly, the petitioner undergone driving test. He had full knowledge of driving. Right from the date of his recruitment as Driver till the date of his dismissal, no accident was ever reported against the petitioner. He was found to be eligible for the job, hence we find no ground to interfere with the view taken by the learned Single Judge. The appeal is dismissed. ( Alok Singh ) Judge ( Adarsh Kumar Goel ) 03.02.2010 Judge sk.