Fraud vitiates all proceedings, and the punishment imposed should not be disproportionate to the act.

JUDGEMENT

Rajnesh Oswal, J.

1. The petitioner, namely, Sarwan Singh had filed this writ petition for quashing the judgment dated 18.05.2009, whereby the Central Administrative Tribunal, Chandigarh Bench (Circuit at Jammu) had dismissed the application filed by the deceased petitioner against the order dated 15.03.1989, whereby the penalty of removal from service was imposed upon the deceased petitioner. He had also prayed for the quashing of order dated 15.03.1989 with a further a prayer for directing the respondent Nos. 1 to 3 to reinstate the deceased petitioner with all the consequential benefits. It needs to be noted here that the original petitioner expired during the pendency of this petition and his legal representatives were brought on record vide order dated 13.12.2017.

2. The deceased petitioner had filed this petition inter alia on the ground that the learned Tribunal has failed to appreciate that the act for which the deceased petitioner was removed from service was not done in the capacity as a Government servant but as an ordinary citizen and as such, Rule 3 of the Central Civil Services (Conduct) Rules, 1964 was not applicable, the entire proceedings were conducted by the respondents 1 to 3 contrary to the Rule-14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and the punishment imposed upon the deceased petitioner was disproportionate. It was also stated by the deceased petitioner that on 12.10.1988, no proceedings took place but a piece of typed paper was given to the deceased petitioner to sign and same was used during the proceedings of the enquiry.

3. Response stands filed by the respondents 1 to 3, wherein it is stated that the deceased petitioner had obtained employment by misrepresentation in the year, 1979 by producing a school leaving certificate in which he was shown to have passed 8th Class qualification, whereas the fact remains that he never qualified 8th class and produced fake 8th class certificate and had he not submitted the same, he would not have been selected at all for the post. It was further stated that during the enquiry proceedings, the deceased petitioner himself submitted an application dated 12.10.1988 instead of filing any written statement, thereby admitting his guilt. The petitioner thereafter was removed from service vide order impugned dated 15.03.1989 and there has been no violation of any Rule of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

4. Mr. K.S. Johal, learned senior counsel appearing for the petitioner vehemently argued that the alleged act for which the deceased petitioner was removed from service was not committed by the deceased petitioner being a Government servant and as such, he could not have been proceeded under the Central Civil Services (Conduct) Rules, 1964. He further argued that the enquiry was conducted in violation of the Rule 14 of the of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

5. On the contrary, Mr. L.K. Moza, learned CGSC appearing for the official respondents, vehemently argued that there has been no violation of any fundamental right of the deceased petitioner and the deceased petitioner was removed from the service after following the mandate of the relevant rules.

6. Heard and perused the record.

7. A perusal of the record reveals that the deceased petitioner was selected as MT Driver Grade-II by the Board of Directors on 19.02.1979. He had obtained the said employment on the basis of a certificate showing that he had passed 8th class but in fact he had not passed the 8th class. The Central Bureau of Investigation on 31.12.1982 registered a case against the deceased petitioner that he had not passed the 8th class school examination and he by fraudulent means, obtained the appointment as driver with the respondent Nos. 1 to 3. The charge sheet was produced against the deceased petitioner before the Chief Judicial Magistrate, Jammu on 29.09.1983 and the pet