Misrepresentation For Availing Benefit Under Freedom Fighter Category: Punjab & Haryana High Court Dismisses Constable's Plea Against Show Cause Notice

The petitioner approached the Punjab and Haryana High Court by filing a petition under Article 226 of the Constitution of India to set aside a show cause notice whereby the respondent had called upon him to show cause as to why he should not be terminated from service.

The Single Bench of Justice Jagmohan Bansal held, “In the case in hand, it cannot be concluded that there was fraud on the part of petitioner, however, as per Standing Order, he was supposed to file freedom fighter certificate issued in his favour by Deputy Commissioner. He produced Certificate issued in favour of his father whereas he was required to produce Certificate issued in his favour., thus, there was misrepresentation on his part. The Certificate could not be issued in his favour because reservation was available upto grandson of a freedom fighter whereas petitioner is a great grandson of freedom fighter. There was concededly lapse on the part of Screening Committee.”

“The Court cannot legalize irregular or illegal act of the petitioner. Court is not oblivious of the fact that discharge/dismissal of petitioner would cause hardship to the petitioner and his family, however, sympathy or compassion cannot substitute law”, the order read.

Advocate Ranjit Singh Kalra represented the Petitioner while DAG Aman Dhir represented the Respondent.

Factual Background

The petitioner participated in the recruitment process and came to be selected as a Constable in November 2016. He was selected in the category of Freedom Fighter. The respondent, at a later stage, found that the petitioner’s great grandfather Late Shingara Singh was a Freedom Fighter and his grandfather was Labh Singh. As per terms and conditions of the recruitment, benefit of Freedom Fighter Category was available up to the grandson of a Freedom Fighter.

The Deputy Superintendent of Police conducted an inquiry and found that the Freedom Fighter Certificate enclosed by the petitioner during recruitment was issued to Lakhwinder Singh i.e. father of the petitioner. The Director General of Police (DGP) asked the Authorities below to issue show cause notice to the petitioner for termination. A show cause notice was issued to the petitioner. He filed a petition which was allowed and with liberty to competent authority to issue fresh show cause notice without being influenced by observations of DGP, Punjab. The Commissioner of Police, Amritsar then issued the impugned show cause notice.

Reasoning

The Bench referred to the Standing Order No. 1 of 2016 issued by the Director General of Police, Punjab which provided for Reservation Policy which included reservation for wards of Freedom Fighters. It was noticed by the Bench that the petitioner was claiming that there was no fraud, misrepresentation or misfeasance on his part and he submitted the Certificate which was available with him.

Considering that the members of the Committee, as per reply filed by State, were conceding that they were not aware the Standing Order, the Bench held, “If the Members of the Committee were unaware, it is highly improbable to believe that petitioner was aware of the fact that he was not entitled to benefit of reservation. He had acted in a bona fide manner and has already served for more than nine years, thus, at this belated stage, he should not be discharged/relieved from service”, it held.

The Bench also noted that the Certificate could not be issued in petitioner’s favour because reservation was available upto grandson of a freedom fighter whereas petitioner was the great grandson of freedom fighter.

“If the petitioner is permitted to continue only on the sole ground that he has completed nine years service, it would legalize his illegal act.It would prompt many other candidates to play such tactics and get job. It is a matter of chance that his illegality was unearthed. Had his illegality not been unearthed, he would have remained in service. The Court cannot legalize irregular or illegal act of the petitioner”, it mentioned.

Thus, in light of such facts and circumstances, the Bench dismissed the petition.

Cause Title: Chandandeep Singh v. State of Punjab (Neutral Citation: 2025:PHHC:160975)

Appearance

Petitioner: Advocates Ranjit Singh Kalra, Mona Yadav

Respondent: DAG Aman Dhir

Click here to read/download Order