Adarsh Kumar Goel, J.

1. This petition seeks quashing of order dated 23.8.2007, Annexure P.9, whereby penalty of removal with superannuation benefits as due without disqualification for future employment, was imposed, which has been affirmed by the appellate authority vide order dated 3.10.2007, Annexure P. 11.

2. Case of the petitioner is that he joined service of the bank as a Messenger on 3.4.1997. On 20.9.2000, his explanation was sought as to why action be not taken for his having not disclosed that he was a Matriculate which was a disqualification for the job. Charge sheet dated 6.3.2001 was issued to him and an Enquiry Officer was appointed on 4.1.2002 who gave his report dated 22.5,2002 in favour of the petitioner. The Enquiry Officer observed that Gazette notification showing that the petitioner passed Matric, was not produced in original and a photo copy of the document could not be relied upon. Reliance was also placed on a DB judgment of the Himachal Pradesh High Court in Prem Lal Sharma V/s. State Bank of India and another, 2000(4) SLR 258. In the said judgment, it was held that qualification of "Under Matric" prescribed was the minimum and there could not be d