- (1.) Sri Ashok Khare, counsel for the appellant and Sri Pankaj Naqvi appearing for the respondent University requested the Court to hear the appeal on merits since it is pending for the last almost six years and, therefore, we proceed accordingly.
(2.) It is submitted by Sri Ashok Khare that the allegation of forged transfer certificate of Junior High School was levelled against a large number of employees and disciplinary proceedings were initiated against them including the appellant. In all there were eleven such cases as per the information of the appellant and after completion of the inquiry, the respondent University despite having recorded a finding against those employees with respect to such School leaving certificate inflicted major penalty in three cases, six were let off with minor punishment permitting them to continue in service and rest two were exonerated. He submitted that in the matter of quantum of punishment the respondents have discriminated the petitioner qua others when similar charges were levelled against a number of employees and proved, it was arbitrary on the part of the respondents to impose minor penalty on most of them and major penalty on selected ones including the petitioner. He further submitted that the case of the petitioner in no manner is different than those persons who have been imposed minor punishment and, therefore, the University has acted illegally and arbitrarily violating Articles 14 and 16(1) of the Constitution of India.
(3.) Sri Pankaj Naqvi on the contrary submitted that once serious charge of fake school leaving certificate which was produced by the appellant in support of his age and qualification was found proved, the respondents were justified in imposing the punishment of dismissal and simply because some other persons have been administered a lesser punishment, that by itself would not mitigate the fault on the part of the appellant.;