ANIL BALI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner before us submits that since his appointment as Assistant Commandant in CISF and promotion as Senior Commandant, he was being deputed at different places from time to time. While posted as Sr. Commandant at Kochi Port Trust, an anonymous complaint qua a false caste certificate submitted by one Lola Ramanayya, CISF No.942290688, constable, Unit CPT Cochin, Kerala (hereinafter referred to as 'Constable') at the time of his recruitment, was received on 22/10/2013. The said caste certificate was found to be false by the Tehsildar on 16/6/2014 and by the Collector on 5/9/2014. Thus, respondents vide letter dtd. 24/9/2014 requested the then Senior Commandant, i.e. petitioner to initiate appropriate disciplinary action against the said Constable.

(2.) A perusal of records of the said Constable by petitioner revealed a false caste certificate dtd. 9/2/1993 and its verification report dtd. 5/9/2007. This prompted the petitioner to, in the light of re.: Kumari Madhuri Patil vs. Addl. Commissioner (1994) 6 SCC 241, ask the District Collector qua the authenticity of the said documents vide letter dtd. 7/10/2014.

(3.) In the interregnum, in another parallel proceeding, as the Constable was absconding from his duties and was OSL (Over Stayed Leave) since January, 2014 despite several unanswered Lookout Notices issued in February, 2014, the respondents issued a charge-sheet dtd. 1/9/2014 to him. Though the Constable replied thereto on 21/9/2014 but chose not to appear before the competent authority. The competent authority thus proceeded ex-parte and issued a final order dtd. 6/3/2014 finding him guilty of overstay of leave and imposed the punishment of compulsory retirement from service with 10% cut in his monthly pension. The said order, after review by the Appellate Authority, was held to be valid.