O&M) Sandeep K deep Kumar SUS v. SUS
Case Details
1 N THE HIGH COURT OF PUNJA IN TH AT CHANDIGA DIGARH NJAB AND HARYANA 239 CWP-13159-2020(O&M) , 2025 Date of Decision: August 11, 2025 Dat 1. Kuljinder jinder Singh and others State of Pu e of Punjab and others 2. CWP-855 8552-2020(O&M) Baljinder jinder Singh and others State of Pu e of Punjab and others 3. CWP-179 17910-2020(O&M) Sandeep K deep Kumar SUS VERSUS SUS VERSUS SUS VERSUS Punjab Sta jab State Power Corporation Limited a ited and others 4. CWP-165 16553-2021(O&M) Gurlal Sin Singh and others State of Pu e of Punjab and others 5. CWP-758 7582-2024(O&M) Karamjit S amjit Singh Cheema State of Pu e of Punjab and others SUS VERSUS SUS VERSUS PUNEET CHAWLA 2025.08.12 20:01 I attest to the accuracy and integrity of this document ioners .....Petitioners .....Responden ondents ioners .....Petitioners .....Responden ondents itioner .....Petitioner .....Responden ondents ioners .....Petitioners .....Responden ondents itioner .....Petitioner .....Responden ondents 2 CORAM:
Legal Reasoning
ce is ce at least prima facie, evidence is seen to have come that the exp e of experience certificates, or some of them, are wholly ‘false’ and the ates, therefore they are fake certificates, the matter is directed to be hand h of handed over to the Crime Branch of the Punjab Police for further fur investigation, with the the DGP/ADGP (Crime), Punjab, as a ab, directed to be impleaded as a PUNEET CHAWLA 2025.08.12 20:01 I attest to the accuracy and integrity of this document 4 respondent in the array of res ons, respondents in both the petitions, with the Registry directed to ca n in o carry out necessary correction in the memo of parties. Ms. Simran Grewal, AA on , AAG, Punjab, accepts notice on behalf of the DGP/ADGP (Crim f the Crime), Punjab, at the asking of the court, with her to convey this or is order to the officer immediately. An affidavit by at lea l of least an Inspector General of Police/Deputy Inspector Gene rime General of Police in the Crime Branch, Punjab, be filed, with r uant ith regard to action taken pursuant to the directions issued by this c his court. Naturally, the Crime B the e Branch would investigate the matter in its entirety, with r the th regard to whether or not the experience certificates in ques the question were issued at all by the firms concerned, or whether ply ther the firms are now simply disowning them to try and wrigg riggle out any criminal liability. The original of Annexure d in xure A/12 with the affidavit filed in CWP no.8552 of 2020, be place date laced on record before the next date of hearing, with this court ma ther t making it clear that any further affidavit to be filed on behalf of CL, lf of the Government by the PSPCL, at least in this petition, will be fi rank be filed by a person not less in rank than the Chief Engineer to wh d to whom such authority is stated to have been delegated by the Gove Government. Mr. Kalra points out tha etter t that in fact even as per the letter Annexure A/12, the delegation is tters on is in respect of proforma matters and in the present case with the ious h the allegations being of a serious nature, obviously the Governme nment is not a proforma party. Having considered the m ards he matter, in any case, as regards the alleged fake certificates etc the s etc. accepted by the PSPCL, the DIG/IG, Crime, has been direc the irected to file an affidavit, with the investigation also to take in of into consideration any role of PUNEET CHAWLA 2025.08.12 20:01 I attest to the accuracy and integrity of this document 5 officers/officials of the PSPCL fake PCL in accepting allegedly fake certificates (if such certificates a tes are found to be fake). Adjourned to 01.12.2020. 020.” 4. Learned counsels for respond ndent- espondents as well as respondent Corporation a ation at the outset submits that the gri ioners the grievance raised by the petitioners in the prese present petition has been specifica au of ecifically redressed. The Bureau of Investigation gation has carried out a detailed inves 2000 investigation and out of around 2000 (two thousand) candidates, only expe thousa tional experience certificates/ National Apprenticesh ticeship Certificates of 29 candidate s and didates were found to be bogus and fabricated, as ted, as such, they were tainted and thei nd their cases were segregated. 5. Learned counsel for the respon s that respondent-Corporation submits that out of 40 (fo 40 (forty) petitioners, 36 (thirty six) p ed the six) petitioners have been issued the appointment tment letters, in response thereof they ective f they had also joined their respective postings. Onl s. Only 4 (four) of the petitioners wer do not rs were not appointed, as they do not fall within th thin the criteria of merit list. Further, were urther, those 29 candidates who were found to be to be tainted on account of submission e filed ission of bogus certificates have filed CM-11034- -CWP-2023 in CWP-13159-202 nt as 2020 for their impleadment as respondents a dents and vide order dated 07.02.2025 ed as 2.2025, they have been impleaded as respondents dents No.35 to 58. However, they ha parate hey have already filed their separate writ petition etition bearing CWP-8250-2024 and e this 4 and the same is listed before this Court for 14. or 14.10.2025. 6. Learned counsel for the peti lected e petitioners prays that unselected petitioners m ners may be granted liberty to approach erned, proach learned Magistrate concerned, in case any g any grievance qua investigation still s still survives. 7. I have heard the learned coun gone d counsel for the parties and gone through the re h the record carefully. PUNEET CHAWLA 2025.08.12 20:01 I attest to the accuracy and integrity of this document 6 8. After going through the perusal s that erusal of the record, it transpires that the grievance evance raised by the petitioners has be . The has been substantially redressed. The jurisdictional ctional police authorities are vigorous gation gorously conducting the investigation and have un undertaken not only to take th ogical ake the investigation to its logical conclusion sion but also to file the final report r.P.C report under Section 173 of Cr.P.C before the co the court concerned expeditiously. 9. Further, in case the non-selec s any selected petitioner(s) still has any grievance wit ce with regard to the investigation of be at ion of the case supra they would be at liberty to file to file an appropriate application unde before n under Section 156(3) Cr.P.C before the jurisdictio isdictional Court. 10. Learned Chief Judicial Magist ted to Magistrate concerned is directed to monitor the r the investigation and seek statu o the status report with regard to the investigation gation and pass appropriate order, till report er, till presentation of the final report under Section ection (173 of Cr.P.C) 193 of BNSS NSS. 11.
Arguments
HON'BLE MR. JUSTICE HA HARPREET SINGH BRAR Present : Mr. Karan Ranjna and Mr. Kartikeye, Advocate for the petit r. R. Mr. Kartik, Advocate for Mr. R. e petitioner(s) in CWP-8552-2020. Ms. Mona Yadav, Advocate f 16553-2021. CWP- cate for the petitioner(s) in CWP Mr. Bikramjjit Singh, Advocate the petitioner(s) in CWP-17910 ate for ocate for Mr.J.S. Thind, Advocate for 7910-2020. Mr. Vikrant Sharma, Advocate for the petitioner(s) in CWP-758 7582-2024. vocate ocate for Mr.K.B. Raheja, Advocate Mr. Jastej Singh, Addl. AG, Pun , Punjab. Mr. D.S Patwalia, Sr. Advoc Advocate for respondents No.11 upta, Advocate with Mr. Ayush Gupta, No.11 to 40. Mr. Nitish Bansal, Advocate for te for respondents No.35 to 58. Mr. Sehajbir Singh, Advocate f 8552, 17910 of 2020 and CWP 3159, cate for PSPCL in CWP Nos.13159, CWP-16553-2021. Mr. Armaan Saggar, Advocate CWP-7582-2024. d 3 in ocate for respondents No.2 and 3 in Rana, tia, Advocate for Mr. Vijay Rana, Ms. Harmeet Kaur Bhatia, A o.4. Advocate for respondent No.4. **** HARPREET REET SINGH BRAR, J. (Oral) 1. This order of mine shall dispo tioned dispose of all the above-mentioned writ petitions titions as they arise from a similar fa or the ilar factual matrix. However, for the sake of brevit brevity, the facts are taken from CWP CWP-13159-2020. 2. The present writ petition has be /227 has been filed under Article 226/227 of the Const Constitution of India seeking issuan ion or issuance of a writ of prohibition or mandamus fo mus for directing the respondents No.1 or the ts No.1 to 3 to conduct enquiry for the bogus and fa and fake experience certificates subm idates submitted by some of the candidates against adver t advertisement No.CRA295/19 dated 1) for dated 03.10.2019 (Annexure P-1) for the post of st of Assistant Lineman and furth g the further prayed for restraining the PUNEET CHAWLA 2025.08.12 20:01 I attest to the accuracy and integrity of this document 3 respondents dents No.1 to 3 from continuing wit n the ng with the selection process on the basis of prese f present selection merit list. 3. On 27.10.2020, the following or ing order was passed:- “All the cases listed to for d today have been taken up for hearing by way of video confer tion nferencing because of the situation existing due to the Covid-19 pan pandemic. Pursuant to the order of 0, a r of this court dated 10.09.2020, a short affidavit dated 26.10.2020 f the 2020 has been filed on behalf of the respondent PSPCL by its Depu ), in Deputy Secretary (Recruitment), in which it has been stated that n to that letters have been written to various authorities to provide X ence ide Xerox copies of the experience certificates etc. The Chief Electrical Insp d to Inspector has also been directed to verify the fact as to whether t rned er the firms/companies concerned were registered at the time whe s in when the experience certificates in question were issued. Mr. Sehajbir Singh furt his further submits that, as per his instructions, in fact two firms ha t the s have written back to state that the experience certificates shown t not wn to have been issued, were not actually issued by them. No reply has been filed the led by the State as yet, though the affidavit on behalf of the PSPCL ains PCL states that the matter pertains only to the PSPCL. Be that as it may, since a
Decision
In view of the above, the presen posed present writ petition(s) stand disposed of, as the clai he claim of the petitioners has been sub een substantially redressed. 12. cases. 13. Photocopy of this order be plac nected e placed on the file of the connected Registry is directed to send the copy of this order to th he concerned l learned Chief Judicial Magistrat te, for necessary information an nd its complian nce. 14. Pending miscellaneous applica ation(s), if any, shall also stand ds disposed of. f. RAR) (HARPREET SINGH BRAR) JUDGE August 11, 2 P.C , 2025 Whether speaking/reasoned. : Whether Reportable. : Yes/No Yes/No PUNEET CHAWLA 2025.08.12 20:01 I attest to the accuracy and integrity of this document