VIR SINGH Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) The petitioner has challenged the order dated 1st May, 2006 passed by respondent No.2 dismissing the petitioner from the service after trying him by Summary Security Force Court held at HQ 121 Bn. BSF on 1st May, 2006 on account of furnishing false information, by stating that he belongs to a Scheduled Tribe, while knowing fully well that he does not belong to a Scheduled Tribe, as well as the order dated 15th July, 2010 passed by the respondents rejecting the Statutory Petitions dated 1st December, 2009 and 1st April, 2010 submitted by the petitioner against his trial by the Summary Security Force Court.

(2.) The pleas of the petitioner are that he could not be dismissed from service merely on the basis of the information given by the Sub Divisional Magistrate, which according to the petitioner was not conclusive and required further enquiry. The petitioner has categorically contended that he belongs to the Scheduled Tribe, i.e. Rathwa Tribes of Gujarat and that the Sub Divisional Magistrate, City Ahmedabad also had not denied that the petitioner does not belong to the Scheduled Tribes Category rather, what is stated by the Sub Divisional Magistrate is "the caste certificate has not been issued by his Office and it is fake." The petitioner has also challenged the Summary Security Force Court proceedings on the ground that neither he had been informed about what was happening before the Summary Security Force Court, nor had he been provided the relevant documents during the trial.

(3.) This Court has heard the learned counsel for the petitioner. Respondent No.2 dismissed the petitioner from service by the order dated 1st May, 2006 holding that the petitioner despite knowing the fact that he does not belong to a Scheduled Tribe when questioned by AD Commandant Ftr. HQ BSF Jodhpur before whom he had appeared for enrolment in BSF, had stated that he is a member of a Scheduled Tribe, however, his certificate was found to be fake and, therefore, the petitioner was dismissed from service.