' JAVED IQBAL, J.--- Pursuant to disciplinary action initiated against the petitioner under the Punjab Police (Efficiency and Discipline) Rules, 1975 on account of procuring employment of Police Constable on a forged, false and fake certificate showing that he had passed class 9th, major penalty of dismissal from service was imposed by means of order, dated 7-12-1995. After exhausting the departmental remedies the petitioner preferred an appeal which has partly been accepted and penalty of dismissal from service has been converted to that of removal from service.
2. Mr. Talib H. Rizvi, learned Senior Advocate Supreme Court entered appearance on behalf of petitioner and urged with vehemence that the service of petitioner could not have been terminated on the basis of alleged forged and fake certificate as no benefit whatsoever was obtained on the basis of said certificate but the prescribed qualification for appointment of Constable was Middle and the authenticity and genuineness of Middle certificate was never disputed. It is also pointed out that the certificate in question was not filed by the petitioner nor utilized by the appointing authority and on this score alone the judgment impugned is liable to be set aside.
3. We have carefully examined the contentions as agitated on behalf of the petitioner in the light of relevant provisions of law and record of the case. The factum of forgery and production of fake certificate for procuring employment being questions of fact have been determined by the department after having a thorough probe, findings whereof were upheld by the learned Service Tribunal which cannot be reversed in absence of any plausible justification which is lacking in this case. We are not persuaded to agree that no benefit had been obtained by the petitioner for the reasons that petitioner could not have been appointed without producing the said certificate. No certificate regarding middle class was either produced before the learned Service Tribunal or this Court, hence the question of determination of its genuineness or authenticity does not arise.
Besides that it is not the question of benefit simplicitor but tip petitioner has exposed his bent of mind and conduct which cannot be appreciated. No question of law of public importance is involved in the matter and the judgment impugned being well-based does not warrant any interference. The petition being devoid of merit is dismissed and leave refused.