Ajay Mohan Goel, Judge

(Oral)

1. By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-

(i) That impugned punishment order dated 18.07.2024 (Annexure P-16) passed by the respondent No.2-Disciplinary Authority imposing upon the petitioner major penalty of removal from service" & further, order dated 18.11.2024 passed by the respondent No.1-learned Appellate Authority dismissing the appeal preferred by the petitioner may kindly be quashed & set-aside being arbitrary, illegal, non-speaking, unreasoned and violative of the principles of natural Registrar Justice, rules and law of the land and that too, in light of the judgment passed by the Hon'ble Supreme Court of India in case titled as Mahavir Prasad Vs. State of U.P. (AIR 1970 SC 1302); by issuing writ of Certiorari & justice be done.

(ii) That a writ in the nature of mandamus may kindly be issued, directing the respondents to reinstate the petitioner into service with all consequential benefits including full back salary alongwith interest @ 9% per annum, seniority and promotion etc., and justice be done.

2. Brief facts necessary for the adjudication of this petition are that the petitioner was initially engaged as Panchayat Veterinary Assistant on 14.02.2013. Thereafter, he was appointed as a Veterinary Pharmacist on contract basis on 15.09.2017 and his services were regularized as such in the month of October, 2020. On 03.06.2023, the petitioner was hplaced under suspension, which was subsequently revoked gand a Memo was issued to him that the Disciplinary Authority iintended to carry out disciplinary proceedings against him qua th his 12 standard certificate, which was submitted by him while obtaining the employment, which was a fake certificate.

3. To cut the controversy short, in the disciplinary proceedings initiated against the petitioner, Inquiry Officer was appointed and the Inquiry Officer submitted his inquiry report, copy whereof is appended with the petition as Annexure P-15. The Inquiry Officer returned the following findings on the Article of charges which were framed against the petitioner: .

“Article -1- That said Shri Gaurav Gaur, Veterinary Pharmacist, has produced a fake certificate of class 10+2 (12th Standard) vide Sr. No. 062313 Roll No.06002463215-year April, 2007 of National Institute of Open Schooling New Delhi at the time of initial appoint ment as Veterinary Pharmacist on contract basis. The facts were verified and it was established that the aforesaid certificate was not found in the record of NIOS New Delhi.

FINDINGS- Certificate with this roll number has been issued to Shri Dil Kumar which can be seen on line in website of NIOS. Vide letter no. VD-Trilokpur-25 dated 12-04-2021 Shri Gaurav Gaur informed DD AH/B Nahan that NIOS, New Delhi has informed him that his roll no. is 961202463215 which is exhibited on his name in the NIOS website and the CO assured that the said certificate will be submitted to the office as and when it is received by him. Thus, CO committed /repeated fraud by giving a new roll no. of his 10+2 certificate to the DDAH /B Sirmour at Nahan which was again declared totally fake by NIOS vide their letter dated 02-11-2022. No written communication with NIOS was made available by the CO to substantiate his claim. NIOS Officer in charge (M&B) vide his letter no.F.7-1042022/NIOS/EVAL/M&B/Fake Cert./859 dated 19-10-2022 written to Joint Director (Hqtr), (Inquiry Officer) Directorate of Animal Husbandry informed that certificate of Shri Gaurav Gaur Roll No. 06002463215 does not match with their database and is not genuine. Matter of fake certificate was detected by DDAH/B Sirmour at Nahan and Shri Gaurav was repeatedly asked to clarify his stand and to provide original copy of his 10+2 certificate but in spite of providing maximum possible opportunities to the CO, Shri Gaurav Gaur neither replied to any letter nor submitted original certificate of his 10+2. Also, during examination of Shri G