BAPPI DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Seeking appointing to the post of Constable in the Central Reserve Police Force (for short 'CRPF'), the petitioner applied as a scheduled caste (for short 'SC') category candidate and got selection in due process and was accordingly appointed to the post of Constable of CRPF in the year 2005 and was discharging his duties with all sincerity, efficiency and devotion.

(2.) A departmental proceeding was initiated against him alleging that the SC Certificate produced by him at the time of his appointment was fake. Initially show cause notice was issued enclosing report of the Sub-Divisional Magistrate, Bishalgarh SubDivision (for short 'SDM, Bishalgarh') dated 23.09.2008 and the report of Additional District Magistrate, West Tripura, Agartala dated 20.10.2008. The petitioner submitted show cause reply and thereafter a full-fledged departmental enquiry was taken up on the ground that the petitioner has committed grave misconduct by submitting a fake/forged SC Certificate, which was not issued by the competent authority, i.e., SDM, Bishalgarh.

(3.) In the disciplinary proceeding the petitioner admitted the charge that the SC Certificate produced by him at the time of securing the job was fake and further contended that he actually belonged to a SC community (Dhoba community) and that the SC certificate produced by him at the time of his securing the job was obtained through an agent, namely, Sri Anup Roy and that he believed that SC Certificate to be genuine and only after inquiry he came to know that the SC Certificate produced by him was fake.