IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No.11527 of 2008 Date of decision : August 9, 2011 Tek Chand …Petitioner. Versus State of H.P. and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Vikas Bhardwaj, Advocate. For the Respondents : Mr. Ramesh Thakur, Assistant Advocate General. Surjit Singh, Judge(Oral) Petitioner joined as daily-waged Beldar in the Public Works Department of Himachal Pradesh, represented by the respondents, herein, in the year 1986 and got recorded his date of birth as 5.1.1947. His services were regularized in March, 1996. One complaint, dated 25.9.2002, written by one Lakshman Dass, was received by the respondents, in which it was stated that the date of birth of the petitioner was 10.8.1939, as per record maintained at Government Senior Secondary School, Paror. Enquiry was made with the Principal of Government Senior Secondary School, Paror, who gave a certificate, dated 17.9.2002, copy available in the record summoned from the Office of the respondents, per which date of birth of some Tek Singh son of Chaudhary Ram, Whether reporters of the local papers may be allowed to see the judgment? …2… resident of Paror, was 10.8.1939. Thereafter, the petitioner was chargesheeted and one Shri P.C. Chaudhary, Assistant Engineer, H.P.P.W.D., Palampur, was appointed as Enquiry Officer. Said Enquiry Officer submitted a report, which is not dated. As per this report, no evidence was adduced by the Department, during the course of enquiry. Also, the report does not indicate that any evidence or material was available with the Enquiry Officer. However, he reported that delinquent, i.e. the petitioner appeared before him and stated that he could not submit reply to the chargesheet, as he was unable to read the chargesheet and understand its contents and nature and that he stated that any decision taken by the Department would be acceptable to him. After noticing these two things in the report, the Enquiry Officer gave the finding that the petitioner had cheated the Department, by submitting a false certificate of his date of birth. 2. Thereafter, order of removal of the petitioner from service was passed, on 19.7.2004, copy Annexure A-9. Petitioner has filed the present petition, challenging the said order. 3. Respondents have filed reply, in which it is alleged that the date of birth of the petitioner is 10.8.1939, as reported by the Principal of the School and …3… by giving his date of birth as 5.1.1947, at the time of his engagement, the petitioner has cheated the Department. 4. I have heard learned counsel for the parties and gone through the record of enquiry, as produced by an employee of the Department, who has come from Palampur. 5. Enquiry report shows that the finding of the Enquiry Officer is not based on any evidence. No evidence was, in fact, adduced by the Presenting side. The finding is based, as per reading of the report, not on any evidence, but on the opinion of the Enquiry Officer. The relevant portion reads as under: “In my own opinion, statement of the delinquent official recorded and after going through the contents of the record, it has been found that the delinquent official have cheated the Govt./Deptt. by presenting his false date of birth certificate. Therefore, suitable action as deemed fit under rules may please be taken against the official.” 6. Since the so-called fining of the Enquiry Officer is not based on evidence, the same is no finding in the eyes of law. Hence, the order, copy Annexure A-9, based on the said report, is quashed and set aside. Respondents are directed to hold proper enquiry and to pass appropriate orders, after conducting the enquiry and the entire exercise is directed to be completed, within a period of six months. In case it is found, during the course of such enquiry, that the date of birth of the …4… petitioner was 5.1.1947 and not 10.8.1939, as complained by Lakshman Dass, he will be given all service benefits and monetary benefits of salary and pension, treating his date of birth to be 5.1.1947. Writ petition stands disposed of, with the aforesaid direction. Pending application(s), if any, also stand disposed of. August 9, 2011(sd) ( Surjit Singh ), J