The Jammu and Kashmir and Ladakh High Court in the case Rokade Santosh Sandashiv&Anr Vs Union of India &Anr observed and has ruled that there being mere denial of the counter signature on a certificate in the absence of proper enquiry or the finding does not warrant major punishment of termination of service, thus, the same becomes punitive in nature and particularly when the order of termination is not simpliciter but the stigma being attached to the same.
The bench comprising of Justice Wasim Sadiq Nargal in the case observed while deciding a bunch of petitions filed in terms of which it had been challenged by the petitioners that their order of termination issued by the Chief Engineer Project beacon.
In the present case, the petitioner was being appointed to the post of Nursing Assistant however post the selection process, the verification process was also being initiated by the appointing authority in order for determining the genuineness of the documents submitted by the selected candidates.
The court also observed that the same came into force that the experience certificate of the petitioner was alleged which being forged and as a consequence of which, on 26.09.2009, the court issued the notice of termination against the petitioner by the Chief Engineer, Beacon.
Therefore, the notice of reply on 14.10.2009 was being submitted by the petitioner and on the basis of recommendations on 23.10.2009, thus, the notice of termination was withdrawn in respect of petitioner, for the purpose of directing wherein making further enquiry with respect to the same.
Further, it has also been argued by the petitioner that they have not furnished or made any declaration which is false or suppressed any material fact. Accordingly, the bench allowed the plea and has quashed the impugned notice
Jammu And Kashmir High Court: When Issuing Authority Verifies Experience Certificate, Counter-Signing Authorities Dental Won’t Lead To Termination Sans Enquiry
