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2023 Supreme(HP) 226
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Jyotsna Rewal Dua, J.
Rajinder Kumar & Ors - Petitioners
Vs.
State of H.P. & Ors. - Respondents
CWPOA No.106 of 2020
Decided On : 25-04-2023
For the Petitioner:Mr. Vijay Bir Singh, Advocate.
For the Respondents:Mr. Y. P. S. Dhaulta & Mr. Navlesh Verma, Additional Advocates General and Ms. Seema Sharma, Mr. Sumit Sharma and Ms. Leena Guleria, Deputy Advocates General.
Point of Law: It is well settled that acquittal in a criminal case does not automatically entitle him for appointment to post.
Headnote:
Indian Penal Code, 1860 - Sections 420, 471, 120B - Prevention of Corruption Act, 1988 - Section 13(2) - Terminated Services - Certificates were found fake and bogus - Services of all petitioners were terminated by respondents on ground that their JBT certificates were found fake and bogus - Order of acquittal cannot be construed to mean that JBT certificates of petitioners were genuine - Para 7.
Finding of the Court:
Judgment passed in corruption case has been placed on record by petitioners at Annexure A-5 - Paragraphs No.30 and 31 of this judgment show that accused persons have been acquitted by giving them benefit of doubt - Claim of petitioners to reinstate them in service as JBT Teachers with consequential benefits cannot be allowed on strength of aforesaid judgment of Trial Court - There was no issue before learned Trial Court regarding adjudication of genuineness of JBT certificates possessed by petitioners - Order of acquittal cannot be construed to mean that JBT certificates of the petitioners were genuine - It was that petitioners were communicated that their JBT certificates were not genuine and that they were found false and fake - No challenge to aforesaid findings was laid by petitioners at appropriate time - There is no merit in present petition.
Result: Petition dismissed.
JUDGMENT :
Jyotsna Rewal Dua, J.
CMP(T) No. 796 of 2021
Allowed and disposed of.
CWPOA No. 106 of 2020
2. With the consent of the parties, the matter is heard at this stage.
3. The projected case of the petitioners is that their services of all the petitioners were terminated by the respondents on 18.08.1987 on the ground that their JBT certificates were found fake and bogus. The petitioners instituted Original Application No. 346 of 1987 before the erstwhile Himachal Pradesh Administrative Tribunal, against termination of their services. Several other OAs were also instituted by similarly placed persons. The Original Application was allowed on 26.09.1995. The termination of the services of the petitioners was held to be illegal and invalid. The respondents were directed to reinstate the petitioners forthwith.
4. The judgment passed by the learned Tribunal was assailed by the respondents-State before the Hon’ble Apex Court in Civil Appeal Nos. 7835-7842 of 1996. The Hon’ble Apex Court modified the judgment of the Tribunal with following order passed on 09.12.1997: -
“The High Court allowed the writ petitions of the respondents mainly on the ground that the contesting respondents have not been given an opportunity to show that their appointments were on the basis of correct and genuine certificates and not on false/fake certificates as alleged by the appellants (vide para 22 of the Judgment). There is no ground to interfere with the Tribunal’s Judgment except to modify it slightly with the direction to the appellants to give an opportunity to the respondents individually to show cause and establish that the certificates were not false and fake and that their appointments were on the basis of genuine certificates. As and when they establish the fact that the certificates were genuine and not faked ones, it must be taken that their appointments were valid. In view of the long pendency of the matter, the appellants are directed to commence and complete the enquiry within six months. The appeals are disposed of accordingly. No costs.”
Pursuant to the afore directions of the Hon’ble Apex Court dated 09.12.1997, the respondents appointed an Inquiry Officer to examine the genuineness of the JBT certificates of the concerned candidates, including the petitioners. According to the respondents, they also published list of all the candidates, including those who had filed the Original Applications before the erstwhile Tribunal, in the newspapers about the inquiry proceedings being conducted for verifying the genuineness of the JBT certificates of the candidates at District Headquarters. The petitioners and other candidates were asked through issuance of show cause notices to appear in person before the Inquiry Officer to establish the veracity of genuineness of the JBT certificates possessed by them. This was in terms of the order passed by the Hon’ble Supreme Court on 19.12.1997. The Inquiry Officer submitted his report on 09.09.1998. In terms of the reply filed by the respondents to the present petition, ‘the petitioners and other similar candidates were informed individually regarding veracity of genuineness of certificates possessed by them vide letter dated 27.01.2000, that the certificates possessed by them were found false and fake and that they had no claim for appointment as JBT Teachers in Himachal Pradesh.’
5. It appears from the record that the petitioners and other similarly situated persons were prosecuted for committing different offences in the Court of learned Special Judge (F), Shimla. In Criminal Trial No.23-S/7 of 2000, learned Court on 25.09.2006, acquitted the accused persons of the offences under Sections 420, 471 read with Section 120B of Indian Penal Code and also under Section 13(2) of the Prevention of Corruption Act. In another case i.e. Trial No. 11-S/7 of 2000, learned Special Judge (F) Shimla on 31.12.2011 acquitted the accused persons of the offences under Sections 120B, 420 and 471 of Indian Penal Code. It is an ad
