IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

204 Date of decision : 16.02.2026 Santosh Gupta ….Appellant Vs State of Punjab and another ….Respondents CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR Present: Mr. A.P.S. Sidhu, Advocate for Mr. Surinder Garg, Advocate for the appellant.

Mr. Surya Kumar, A.A.G., Punjab.

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NAMIT KUMAR , J. (ORAL)

1. The appellant/plaintiff has filed the instant Regular Second Appeal impugning the judgment and decree dated 19.10.1993 passed by learned Sub Judge IInd Class, Chandigarh, whereby a suit for declaration filed by the appellant/plaintiff has been dismissed as well as judgment and decree dated 30.07.1998 passed by learned Additional District Judge, Chandigarh, whereby an appeal filed by the appellant/plaintiff against judgment and decree dated 19.10.1993, has also been dismissed. Parties to the lis are being referred to as per their original position before the Trial Court.

2. Brief facts of the case are that after passing the matriculation examination in the year 1969 and JBT examination in the year 1971, the plaintiff applied for the post of JBT teacher in 1971 and she was appointed as such by the Bhagat Singh Committee on 28.12.1973. The plaintiff was asked to report in Government Primary School, Singhpura in Dera Bassi Block, District Patiala, where she reported on 02.01.1974 but she was not allowed to join on the ground that the selection made in 1973 was valid only upto 1973. She was again given appointment letter dated 02.03.1976, by the District Education Officer, Patiala and on the representations made by the plaintiff, her services were regularized by the Committee. Thereafter, charge-sheet dated 25.02.1982 was issued to the plaintiff on the allegations that she got herself appointed as JBT teacher on ad hoc basis on the strength of bogus certificates and thereafter, got her services regularized and she had not passed the Prabhakar Examination but mis-used the certificate of another Santosh Kumari d/o Panni Lal. An Enquiry Officer was appointed, who conducted inquiry as per rules and finally, the plaintiff was dismissed from service, vide order dated 26.06.1984, passed by the District Education Officer (Primary), Patiala. Against the said order of dismissal, the plaintiff filed a statutory appeal on 18.07.1984, which was rejected by the Appellate Authority, vide order dated 22.02.1986. Thereafter, the plaintiff filed the suit on 10.08.1990 impugning the order of dismissal dated 26.06.1984 and appellate order dated 22.02.1986.

3. Upon notice, the defendants appeared and filed their joint written statement and contested the claim of the plaintiff by taking certain preliminary objections. On merits, it was submitted that the plaintiff had impersonated for obtaining the post of JBT teacher by production of Matriculation Certificate, JBT Training Certificate and passing the Punjabi upto Matric standard of an another Santosh Kumari whose father’s name was Panni Lal and also by using her Roll No.9512 of S. Bhagat Singh Departmental Selection Committee. Said Santosh d/o Panni Lal had applied for the post of JBT teacher against advertisement of 1968, whereas the plaintiff had passed matriculation examination in 1969 and did her JBT training in 1971. She had passed her Punjabi examination of Matric standard in the year 1983 but she produced the certificate of Punjabi language of Matric standard of Santosh Kumari d/o Panni Lal, who had passed the said examination in 1975. She was not eligible to apply for the post of JBT teacher in the year 1968 being under Matric and was without JBT training and thereafter, the plaintiff has been dismissed from service after affording full opportunity of defense and show cause notice as required under Punjab Civil Service (Punishment and Appeal) Rules 1970 and also the enquiry officer, who conducted enquiry, had given full opportunity to the plaintiff. It was also stated that the suit is time barred. The plaintiff was neither selected by the Bhagat Singh Dep