- (1.) The petitioner was enrolled in the Indian Air Force on September 21, 1983. He was promoted to the rank of Corporal on October 01, 1988. He was further promoted to the rank of Sergeant on October 01, 1993. He remained in the Air Force upto September 30, 2003. The petitioner had undergone and successfully completed the prescribed training by passing the requisite examination obtaining 63% marks for the trade of Airframe Fitter and also passed CTTB Examination (Departmental Test) obtaining 76% marks. Indian Air Force Trade Airframe Fitter has been recognised as Diploma in 'Mechanical Engineering - for recruitment to subordinate posts and services under the Central Government vide Government of India, Ministry of Education and Social Welfare (Department of Education) OM Number F-18-52/75/T-2/T-7 dated July 22, 1977. The Certificate issued to the petitioner by Mr. S.P.S. Virk, Air Commander, Air Officer Commanding, 3 BRD AF in this regard is Annexure P-1. The petitioner thus having Diploma in Mechanical Engineering and having more than ten years' experience in the appropriate field was awarded Certificate (Annexure P-2) by which he was considered eligible for the post where qualification required is Degree in Mechanical Engineering on the recommendation of Government of India, Ministry of Education and Social Welfare Letter No. F 18-19/75/T-2 dated May 26, 1977 (Annexure P-8) and Air HQ Letter No. Air HQ/18976/20/TRQ dated February 19, 1979 (Annexure P-11).
(2.) In response to the advertisement issued by the Haryana Public Service Commission (hereinafter referred to as 'the Commission') for the posts of Assistant Engineers (Electrical, Mechanical and Electronics), the petitioner applied for the post of Assistant Engineer (Mechanical) against the quota reserved for ex-servicemen. His name was recommended by the Commission to the Haryana Government vide letter No. 16/2004/12671 dated December 01, 2004 for appointment as Assistant Engineer (Mechanical) in the Haryana Power Generation Corporation Limited-respondent No.1 (hereinafter referred to as 'the Corporation'). The Corporation offered him appointment as Assistant Engineer (Mechanical) vide appointment letter dated March 30, 2005 (Annexure P-3). The petitioner joined the Corporation on April 04, 2005. On June 27, 2006, he was issued notice (Annexure P-4) by the Corporation to show cause as to why he be not removed from service on the ground that his Degree (Annexure P-2) was found to be not genuine on verification. The petitioner submitted reply (Annexure P-6) to the show cause notice averring therein that the Degree in Mechanical Engineering issued to him was authenticated, genuine and valid. However, after considering his reply, the Corporation cancelled the appointment of the petitioner and removed him from service with immediate effect vide letter dated October 17, 2006 ( Annexure P-7). In this petition, filed under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari quashing the order dated October 17, 2006 (Annexure P-7) and granting him all the consequential benefits.
(3.) In the written statement filed by the Corporation, removal of the petitioner from service was sought to be justified on the ground that the Certificate/Degree dated March 18, 2003 (Annexure P-2), on the basis of which he was appointed on the post of Assistant Engineer (Mechanical) in the Corporation, was held to be invalid and unauthorised by the Air Force Authorities. He was removed from service after issuing show cause notice and getting his reply, which was duly considered by the competent authority and was found to be unsatisfactory. The impugned order was passed in compliance with the principles of natural justice and it was sustainable in the eyes of law.;