KASHEM ALI BISWAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was appointed as a constable (General Duty) in the Central Reserve Police Force against the post reserved for the members of the Other Backward Class (hereinafter referred to as "OBC" in short) subsequently on an enquiry being conducted by the concerned authority the OBC certificate produced by the petitioner at the time of his initial appointment was found to be fake.

(2.) Production of such fake OBC certificate was considered to be a grave misconduct in his capacity as a member of the force under Section 11(1) of the Central Reserve Police Force Act, 1949 and accordingly disciplinary proceeding was initiated against the petitioner. The respondent no. 5 on August 13, 2011 issued a charge-sheet to the petitioner along with the statement of imputation of misconduct in support of the Article of charges framed against him, the documents on which the said Article of charge was framed and the list of witnesses by whom the Article of charges framed against the petitioner proposed to be initiated.

(3.) The respondent no. 5 in exercise of his power under Rule 27 (b) of the Central Reserve Police Force Rules, 1955 (hereinafter referred to as the " said Rules of 1955" in short) vide office order dated September 15, 2010 appointed Shri. Dhananjay Kumar, Assistant Commandant 3rd Battalion of Central Reserve Police Force, the respondent no. 6 herein as the enquiry officer to enquire into the charges framed against the petitioner.