C.W.P. No. 17032 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 17032 of 2006 Date of Decision:24.1.2008 Raj Pal ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr.R.K.Malik, Advocate for the petitioner Mr. Harish Rahtee, Senior Deputy Advocate General, Haryana for the respondents. -.- JASBIR SINGH, J.(ORAL) Petitioner was selected as a Driver by a duly constituted Selection Committee on 9.8.2003. He joined service on that very date. It is his case that his work and conduct was satisfactory. On 6.12.2004 a show-cause notice was issued to him by stating that his driving licence dated 16.11.1994, on verification, was, found to be bogus. Petitioner submitted his reply, wherein he specifically stated that original licence was issued to him on 29.6.1985 by the Licensing Authority, Varanasi, vide Licence No. R24583 and copy of renewed driving licence was submitted at the time of interview It was further stated by him that the verification was wrongly made with regard to the renewed license number, treating it as the original driving licence. On request made by the petitioner, verification was again made regarding licence issued to him in the year 1985 and following report was submitted by the Licensing Authority vide Annexure P- 3, which reads thus:- “In reference your letter No. 3008/RK dated 6.5.05 on the above C.W.P. No. 17032 of 2006 2 mentioned subject, you are informed that Driving Licence No. R24583 has been issued in the name of Driver Rajpal Singh s/o Sh. Hawa Singh, R/o Madho Pura, Lehar Tara, Varanasi, on 29.6.85 for L.M.V. (P.E.). On 5.9.93, it was converted into Heavy Driving Licence. The last validity is from 24.11.2003 to 23.11.2006.” Despite having received, verification report (Annexure P-3) the petitioner was shunted out of service vide order dated 9.8.2005 (Annexure P-5). Petitioner went in appeal, which was also dismissed on 7.3.2006 (Annexure P-7). Hence this writ petition. Petitioner was taken in service in the year 2003. At the time of arguments, State Counsel has failed to show us that the report Annexure P-3 was not correct. We have seen the driving licence issued to the petitioner (in original) which indicates that in the first instance driving licence bearing no. R24583 was issued to the petitioner on 29.6.1985. Subsequent thereto, it may have been renewed. As on today, petitioner possesses a valid driving license which was renewed up to the year 2010. To claim reinstatement, counsel for the petitioner has placed reliance upon a judgment passed by this Court in case of Baljeet Singh vs. State of Haryana and others (C.W.P. 1181 of 1998 decided on 21.4.1998). In that case also the driver was found having two driving licences. One was fake. By taking note of the above said facts it was ordered that as the person concerned had one valid driving licence at the time, when he was taken in service, subsequent termination of his service, on the ground that his second licence was bogus was not justified. We feel that the case of the petitioner is squarely covered by the ratio of judgment referred to above. Counsel for the petitioner very fairly states that for the period the petitioner remained out of service, he will not claim any financial benefits if ordered to be taken back in service. It is also not in dispute C.W.P. No. 17032 of 2006 3 that petitioner was working on contract basis. In view of the facts mentioned above, we set aside the order terminating the service of the petitioner along with consequential orders. Respondents are directed to reinstate the petitioner in service on the same terms and conditions, on which he was working when his service was terminated. As per undertaking given by counsel for the petitioner, he will not claim any financial benefits, however, it is directed that he be given continuity in service and other consequential benefits. The writ petition stands disposed of. (Jasbir Singh) Judge 24.1.2008 (Jaswant Singh) joshi/mk Judge