Strictures against two PSEB officers
Tribune News Service

Chandigarh, January 14
The Punjab and Haryana High Court is surprised at the shocking way the Punjab State Electricity Board (PSEB) functions. It not only “compromised” with an employee appointed on the basis of a forged certificate, but also reinstated him.

Taking up the petition filed by employee Agyakar Singh seeking the quashing of a charge sheet issued to him, the Division Bench of Justice Ashutosh Mohunta and Justice Rajan Gupta also virtually passed strictures against the board’s administrative member and an inquiry officer.

The Bench observed: “It is inexplicable how the administrative member issued the order dated February 7, 2001, reinstating the petitioner in service, despite the fact that he was aware the petitioner had secured appointment on the basis of a forged certificate.

“It is also surprising the inquiry officer gave opinion in his inquiry report that there had been a compromise between the petitioner and the Board. It is evident that both these officers acted against the interest of the Board and in total violation of the law.

“We fail to understand how there can be a compromise between an employee, who secures appointment on the basis of forged certificate and the Board. Such a compromise between a delinquent employee and an instrumentality of the state is unknown to the law”.

Speaking for the Bench, Justice Gupta asserted: “In the facts and circumstances of the case, we direct in case at the time of culmination of disciplinary proceedings the petitioner is held guilty, the Board shall fix responsibility for directing his reinstatement in service.

“In case it is found the petitioner was not entitled to be reinstated, the Board shall take a decision regarding the recovery of amount paid to the petitioner as salary for the period he was not entitled to remain in service.”

The Bench also made it clear leniency cannot be shown to delinquent officers. “Equity jurisdiction cannot be exercised in case of a person who gets appointment on the basis of a false certificate or by playing a fraud. No sympathy or equitable consideration can come to the rescue of such a person.

“It is further held compassion cannot be allowed to bend the arms of law where an individual acquires a status by practicing fraud. Fraud and collusion vitiate even the most solemn proceedings in any civilised system of jurisprudence.”