UDAI SHANKAR RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS WRIT PETITION IS FILED BY THE PETITIONER PRAYING FOR QUASHING AND SETTING ASIDE THE ORDER DATED 26.3.2003 WHEREBY THE RESPONDENTS HAVE TERMINATED THE SERVICES OF THE PETITIONER.

(2.) THE PETITIONER WAS ENROLLED AS A CONSTABLE WITH THE RESPONDENT / CRPF ON 8.7.2000. WHILE HE WAS WORKING AS CONSTABLE, A CHARGE-SHEET WAS ISSUED TO THE PETITIONER BY MEMORANDUM IN THE MONTH OF SEPTEMBER 2002. THE CHARGE- SHEET WHICH WAS DRAWN UP AGAINST THE PETITIONER WAS AS FOLLOWS:

(3.) ALONG WITH THE AFORESAID ARTICLE OF CHARGE, SCHEDULE OF IMPUTATION OF MISCONDUCT WAS ALSO ENCLOSED. IT IS DISCLOSED FROM THE AFORESAID CHARGE AND THE DETAILS OF THE IMPUTATION OF MISCONDUCT THAT THE PETITIONER AT THE TIME OF HIS ENROLMENT AS A CONSTABLE SUBMITTED A CASTE CERTIFICATE SHOWING HIM AS SCHEDULED TRIBE (BHIKSHA CASTE) CANDIDATE AND ON THE BASIS OF AND RELYING ON THE SAID CASTE CERTIFICATE, HE WAS ENROLLED AS THE CONSTABLE. SUBSEQUENTLY, HOWEVER, AT THE TIME OF VERIFICATION IT WAS FOUND THAT THE AFORESAID CERTIFICATE WAS NOT ISSUED BY THE AUTHORITY, NAMELY, THE TEHSILDAR, GAZIPUR. THEREFORE, THE AFORESAID ALLEGATION WAS BROUGHT AGAINST THE PETITIONER THAT HE HAD GOT HIMSELF ENROLLED IN THE FORCE BY SUBMITTING A FABRICATED DOCUMENT. THE PETITIONER, AFTER RECEIPT OF THE AFORESAID MEMORANDUM OF CHARGE, ASKED FOR SOME TIME TO PROVE THE AUTHENTICITY OF THE CERTIFICATE.