IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-5962-2025 (O&M)

Date of decision: 22.09.2025 Kuldeep Singh ... Petitioner Vs.

State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: None for the petitioner.

Mr. Vikrant Pamboo, Addl. AG, Haryana.

Mr. Nishant Rana, Advocate for Ms. Rajni Gupta, Advocate for respondents No.2 to 5.

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HARPREET SINGH BRAR, J.

1. Present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari seeking quashing of show cause notice dated 25.07.2023 (Annexure P-5) and the order of dismissal dated 20.09.2023 (Annexure P-1) passed by respondent No.3 and further to issue a writ in the nature of mandamus directing the respondents that the petitioner be deemed to be in service and to grant all the consequential benefits.

2. The case has been called twice since morning. Despite that, no one has put in appearance on behalf of the petitioner. As such, this Court is left with no other alternative except to decide the case on its own merits on the basis of pleadings.

3. It is pleaded in the petition that the petitioner was offered appointment on the post of Assistant Lineman vide appointment letter dated 23.10.2012 (Annexure P-2) and he joined the services on 26.10.2012 and supplied all the original certificates of educational qualification and ITI certificate (Annexure P-3). The petitioner was further promoted to the post of Lineman. After serving the respondent-Corporation, on 03.07.2023, in order to re-verify the certificates, a Committee consisting of officials of respondent- Corporation was constituted, which, by visiting the office of Nodal Officer, ITI, Bulandsahar, obtained a report that no certificate with Roll No.01819023 was issued in the name of the petitioner as per records. On the basis of said report, without issuing charge sheet and holding the departmental inquiry, in hurried and arbitrary manner, the petitioner was issued show cause notice dated 25.07.2023 (Annexure P-5) under the Punishment and Appeal Regulations, 2019 to explain as to why his services be not dispensed with on account of non-fulfillment of essential qualification certificates and also for submitting forged certificates. Further, respondent No.4 directed respondent No.5 not to assign any work to him and since then, he had not been paid any salary.

4. It is further pleaded that in the letter dated 31.07.2023 (Annnexure P-7) issued by State Council of Vocational Training, Lucknow (UP), it is clearly indicated that ‘due to difference in institute and roll number, verification work is not possible’. As such, verification of ITI certificate (Annexure P-3) was not done in a proper manner. Further, the petitioner submitted a reply to show cause notice (Annexure P-5) and without considering the same and following the procedure as laid down in the Punishment and Appeal Regulations, 2019, major penalty of dismissal from service was imposed vide impugned order dated 20.09.2023 (Annexure P-1), which is illegal and arbitrary.

5. Learned counsel for contesting respondents No.2 to 5 submits that the petitioner, at the time of his joining the respondent-Corporation, submitted the forged and fabricated documents and upon verification from the Nodal Principal, State Industrial Training Institute, Bulandsahar (UP), the same was found bogus/fake, as discernible from the impugned order dated 20.09.2023 (Annexure P-1). It is proved on record that the petitioner obtained appointment on the post of Assistant Lineman by submitting fake documents. As such, the present petition deserves to be dismissed.

6. I have heard learned counsel for respondents No.2 to 5 and perused the record of the case with his able assistance.

7. At this juncture, it would be profitable to refer to the legal maxims- nullus commodum capere potest de injuria sua propria, which can be translated to - no man can take advantage of his own wrong, and sublat