1. This petition calls in question an order of discharge passed by respondent-Corporation on 14-08-2000. The petitioner, consequent upon applying for the post of Watchman in response to an advertisement notice, was appointed by the respondent-Corporation. He worked on the post with effect from 28th April, 2000 to 14th August, 2000. Subsequently the order impugned was passed which reads as under: -

We had offered you appointment vide our letter dated: 28.04.2000 on the basis of the facts/certificates produced by you along with your Bio-Data and Application Form for the post of Watchman. In this regard please refer to your School Certificate bearing admission No. 2310 from file No. 700 a copy of which was enclosed along with your Bio-Data form and as per your Application dated: 23.03.2000 for the above post. As per the discharge you were studying in 10th and your date of birth is 13.11.1974. On routine verification it is found that the discharge certificate bearing admission No. 2310/H under file No. 700 was not issued to you, instead it was issued to someone whose date of birth is reported to be 04.08.1939.

The Principal, Khalsa High School Srinagar has clearly remarked that the discharge certificate under reference is not genuine and all the signatures affixed thereon are fake.

Based on this documentary evidence it is evident that you have made entry into the Corporation through fraudulent means. Please refer to the declaration you have made in your Bio-Data form as well as your application form dated: 23.03.2000 that the information given by you are true and in case any information is found false you may be disqualified from holding any appointment. We also draw your attention to para 3 and 5 of the appointment letter dated: 28.04.2000 which reads as under: -

Para 3: Your appointment shall be governed by the (Staff) Regulations, 1960 Rules framed by Central Government under Section 48 of the L.I.C. Act, 1956. The rules of the Corporation and such instruction and/or orders that may be issued to you both verbal or in writing from time to time.

Para 5: During probationary period, which may be extended by another six months, you are liable to be discharged without notice and without any cause whatsoever being assigned to you for such discharge. Apropos to above facts it is decided hereby to discharge you from the services of the Corporation with immediate effect under provisions of Regulation 14(4) of the (Staff) Regulations, 1960.

Yours faithfully

Sd/-

Sr. Divisional Manager

(Appointing Authority).

Obviously, the ground taken for discharging the petitioner was that at the time of applying for the post he had produced a fake certificate. The petitioner has with his writ petition filed a School Leaving Certificate issued by Headmaster, Government Secondary School, Panzan (Chadoora). According to Mr. Qayoom, petitioner had never produced any certificate other than the one he has enclosed alongwith the petition. Apart from this ground, he has heavily dwelt upon the argument that the order, which is punitive in nature, could not have been passed without affording an opportunity of being heard to the petitioner. In this behalf he has referred to a judgment passed by the Supreme Court in case A.P. Ahuja Vs. State of Punjab and others, reported in AIR 2000 SC 1080.

2. The case of the respondent-Corporation as represented by Mr. Andrabi, is that the petitioner had at the time of applying for the post produced a certificate said to have been issued by Khalsa High School, Srinagar. When the certificate was cross-checked after issuance of appointment order, it came to light that the certificate was forged and fake. In this behalf Principal, Khalsa High School was approached who wrote a couple of communications clarifying that the certificate was fake and that the one issued under admission No. 2310 has been is sued to one Sikh boy, named, Sumeer Singh son of Veer Singh, it is also contended that the respondent-Corporation conducted an enquiry and ca

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