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1998 Supreme(P&H) 296

JAWAHAR LAL GUPTA, N.C.KHICHI
Ranbir Singh – Appellant
Versus
Financial Commissioner And Secretary To Government Haryana, Revenue Department, Civil Secretariat – Respondent


Judgment

Jawahar Lal Gupta, J.

1. The petitioner, a Patwari, challenges the validity of Rule 4 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987. He alleges that the rule confers a totally unguided and unbridled power on the appropriate authority to award a major or minor penalty without laying down any guideline. Thus, the rule is invalid and the action of the authorities in ordering his removal from service is vitiated. Is it so?

2. A few facts as relevant for the decision of this case may be briefly noticed.

3. The petitioner was recruited as a Patwari in March, 1973. In July, 1983, one Jagjit Singh submitted an application to the Sub Divisional Officer (Civil) Panipat, for the grant of a domicile certificate. The petitioner certified that the applicant was residing in Village Waiseri for the last six years and "is holding land in the village". The report was finally put up before the Sub Divisional officer who directed that the certificate be issued. A certificate dated August 9, 1983 was actually issued. Jagjit Singh applied for admission to the B.Ed. Course. The college suspected the genuineness of the domicile certificate. The matter ultimately came to the not

















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