SUDESH KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) In this petition filed under Articles 226 / 227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari, thereby quashing the order dated April 02, 2003 (Annexure P-1) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal') whereby Original Application No. 933- PB-2002 filed by the petitioner was dismissed affirming the order dated May 01, 2001 (Annexure P-3) dismissing the petitioner from service with immediate effect and the order dated August 16, 2002 (annexed with Annexure P-4) declining the appeal of the petitioner against the order dated May 01, 2001 (Annexure P-3).

(2.) The petitioner was appointed as Clerk Grade-II against reserved vacancy of Scheduled Tribe in the office of Station Director, Commercial Broadcasting Service, Radio Kashmir, Srinagar, vide order dated November 16, 1976. At the time of appointment, he submitted a Scheduled Tribe Certificate dated August 21, 1975 (Annexure P-9) purportedly issued by the Sub Divisional Officer (Civil), Ludhiana. On receipt of a complaint that the Scheduled Tribe Certificate submitted by the petitioner was bogus, the respondents referred the matter to the office of Deputy Commissioner, Ludhiana, for investigation. The office of Deputy Commissioner, Ludhiana, informed the Deputy Director (Administration), Doordarshan Kendra, Jalandher, that as per official records, no such Scheduled Tribe Certificate was issued to the petitioner. It was further informed that the Scheduled Tribe Certificate dated August 21, 1975 (Annexure P-9) was bogus and forged one. The petitioner, by submitting the aforesaid bogus certificate belonging to Scheduled Tribe Category, also got the benefit of age relaxation of five years admissible to Scheduled Tribe Candidates. At the time of his appointment, his age was 28 years and 10 months whereas the upper age limit for general category candidates was 25 years. Thus, the petitioner got appointment in service by submitting a bogus and forged certificate of belonging to Scheduled Tribe.

(3.) For getting appointment, the petitioner had also submitted an attested copy of purported original certificate of Higher Secondary Examination (Annexure P-11) showing his date of birth as December 01, 1952. On receipt of a complaint that the petitioner had not given his correct age, the matter was referred to the Controller of Examinations, Punjab University, Chandigarh, by the respondents. The Controller of Examinations, Punjab University, Chandigarh, vide letter dated April 09, 1997, informed that the petitioner had passed the Higher Secondary (Commerce Group) Examination in March, 1964, against Roll No. 79925 by getting 801 marks out of 1850. Along with the letter, a duplicate certificate in relation to the passing of the Higher Secondary Examination by the petitioner was also enclosed. His date of birth in the certificate was stated to be December 01, 1947. The petitioner was, thus, overage since his age was more than 25 years at the time of joining the service, but by submitting a bogus certificate of belonging to Scheduled Tribe, he got age relaxation of 5 years. He thus not only submitted a forged certificate belonging to Scheduled Tribe Category but also submitted a fabricated copy of the Higher Secondary Examination pass certificate showing his date of birth as December 01, 1952.