S.B.C.W.P No.3915/94-Jamna Lal vs. State of Raj. & Ors. Order Dt: 21/10/2008 1/3 S.B.CIVIL WRIT PETITION NO.3915/94 (Jamna Lal vs. State of Raj. & Ors.) DATE OF ORDER : 21/10/2008 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Ranjeet Joshi, for the petitioner. Mr.Shyam Ladrecha, Government Counsel. Mr.Dhanpat Choudhary, for respondent no.6. Heard learned counsels. By this writ petition, petitioner, working as clerk in E.S.I.Dispensary No.2 Mardi District Udaipur, has prayed for quashing the charge sheet (Annex.1) and punishment order (Annex.14) passed against him by the disciplinary authority on the ground that he filled-up the fake and wrong medical certificate signed by the Doctor in-charge on duty to certain persons. Learned counsel for the petitioner Mr.Ranjeet Joshi submits that it was not the responsibility of the petitioner to have issued the medical certificate and upon directions of Doctors in-charge, who were responsible for issuing such certificates under their signatures namely; Dr. Narendra Singh and Dr.S.K.Odhichiya, one of them has been only given punishment of Censure, whereas, in the case of petitioner-Jamna Lal penalty of stoppage of three grade increments with cumulative effect has been awarded. S.B.C.W.P No.3915/94-Jamna Lal vs. State of Raj. & Ors. Order Dt: 21/10/2008 2/3 Learned counsel submits that since petitioner was not responsible for issuing these certificates, he cannot be held responsible and guilty for merely filling-up those medical certificates at the behest of Doctors concerned. Learned counsel for the State Mr.Ladrecha, however, opposed these submissions and submits that if the petitioner was not duty bound to fill-up the certificates, he ought not to have taken up on himself the job of filling-up said certificates. By doing that he has become party to wrong medical certificate issued to different persons and, therefore, no exception can be taken to the punishment awarded by the disciplinary authority. Having heard learned counsels and upon perusal of record of this case, this Court finds that petitioner, who was admittedly working only as a clerk in the concerned department cannot be punished for doing the clerical work by way of filling-up the certificates which are issued by the Doctors concerned under their signatures. It is the responsibility of the Doctors concerned only to verify the particulars filled-up in certificates. It is not the case of respondent that petitioner filled-up the particulars on his own and mere fact that Doctors concerned as well as clerk all were charged for the same medical certificates in question clearly show that the said S.B.C.W.P No.3915/94-Jamna Lal vs. State of Raj. & Ors. Order Dt: 21/10/2008 3/3 clerical work of filling-up the medical certificates was done by the petitioner at the instance of Doctor concerned. No case of forged signature of Doctor is made out against the petitioner. In view facts and circumstances of the case, this Court finds no justification for punishment awarded to the petitioner. Consequently, this writ petition is allowed and impugned penalty order Annex.12 qua the petitioner awarding punishment of withholding three grade increments with cumulative effect is quashed. Petitioner shall be entitled to consequential benefits in accordance with these directions. (DR.VINEET KOTHARI), J. item no.s/1 baweja/-