NAOREM KISHAN MEITEI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this writ application challenges the order in Annexure-A/8 dated 10.3.2012 passed by the Commandant, 44 BN, CRPF removing him from service on ground of production of forged educational certificate for the purpose of entering into service.

(2.) The petitioner was appointed as Constable (General Duty) in the Group Centre, CRPF, Langjing in the state of Manipur in January,2009 under the die-inharness scheme. While serving as such and posted in 44 BN, CRPF Zainakote Srinagar (Jammu and Kashmir), a departmental enquiry was initiated against him on the charge that he intentionally produced a false/fake educational certificate of 2006 in support of his educational qualification for the purpose of getting employment under the die-in-harness scheme. The memorandum of charge was issued on 9.11.2011 and the petitioner was directed to submit his reply within 15(fifteen) days from the date of receipt of the memorandum of charge. Not being satisfied with the reply submitted by the petitioner, the departmental proceeding was initiated and Shri S.R. Meena, Assistant Commandant was appointed as the Enquiry Officer. Though it is the case of the petitioner that he prayed for some time to furnish reliable documents in connection with his educational qualification, he was only granted 15(fifteen) days' time. However, he produced the required document before the Enquiry Officer to show that he had the requisite educational qualification for being appointed as the Constable. It is the further case of the petitioner that without considering the certificate produced by him, the Enquiry Officer submitted the enquiry report finding him guilty of the charge and on the basis of the enquiry report, the petitioner was removed from service as a major punishment.

(3.) Counter affidavit has been filed by all the respondents wherein it is stated that the petitioner was given appointment on compassionate ground on 25.1.2008 as a Constable(General Duty). As per the verification report received from the Under Secretary, Board of Secondary Education, Manipur dated 12.8.2011 as well as the re-verification report received from the same Board of Secondary Education, Manipur dated 11.1.2012, it was found that the petitioner had not appeared in the examination and accordingly the certificate in support of his educational qualification was a fake one. On the basis of such verification and reverification reports, the departmental proceeding was initiated against him and the petitioner having not been able to prove his stand that he had in fact appeared in the examination and passed, the Enquiry Officer found him guilty of the charge and submitted a report which was the basis for imposing punishment of removal from service.