Gurwinder Singh v. State Of Punjab And Others

CRM-M No. 22434 of 2020 ...1...

In the High Court of Punjab and Haryana at Chandigarh CRM-M No. 22434 of 2020 Date of Decision: 11.8.2020 Gurwinder Singh ......Petitioner

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Hoshiar Singh, Advocate for the petitioner.

**** HARNARESH SINGH GILL , J. (ORAL) Case is being taken up for hearing through video conferencing. This is a petition under Section 482 Cr.P.C. for issuance of directions to respondents No. 2 to 4 to look into the matter and take action against respondent No. 5 who has been allegedly recruited himself in the Army by preparing forged documents.

Learned counsel for the petitioner submits that respondent No. 5 has got the job in Army by preparing bogus school certificates of different date of birth and he had intentionally prepared the forged documents with different name and date of birth just to grab the job in the Army. Learned counsel further submits that the petitioner has moved a representation dated 15.3.2020 (Annexure P-8) with regard to the fraud committed by respondent No. 5 but no action has been taken so far.

I have heard the learned counsel for the petitioner. In the present case, the petitioner has alleged that respondent No. 5 had prepared forged documents with different name and date of birth and has applied for the appointment with respondents No. 2 and 4 by playing fraud. GURPREET SINGH 2020.08.13 17:27 I attest to the accuracy and integrity of this document Chadigarh

CRM-M No. 22434 of 2020 ...2...

The petitioner is not a 'person aggrieved' having locus standi to challenge the appointment of respondent No. 5. It is a settled provision of law that it is for the aggrieved person to assail the legality or correctness of the action and that third party does not have locus standi to canvass the legality or correctness of the action. However, so far as the genuineness of the documents are concerned, it is for the department to determine the authenticity of the said documents.

Keeping in view the above, I do not find any merit in the present petition and the same is dismissed with costs of Rs. 10,000/- to be paid by the petitioner with the Poor Patient Welfare Fund, PGIMER, Chandigarh.

(HARNARESH SINGH GILL) JUDGE August 11, 2020 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2020.08.13 17:27 I attest to the accuracy and integrity of this document Chadigarh