NAVIN CHANDRA PANDIT Vs. UNION OF INDIA

JUDGEMENT

(1.) Re: I.A. No. 1 of 2019 After having heard learned counsel for the appellant, we are satisfied that sufficient cause has been shown to condone the delay in filing the appeal. The delay is condoned and the appeal shall be treated to be within time.

(2.) The appellant was a member of the Central Industrial Security Force and he has been removed from service on the ground that he sought entry in the service on the basis of a fake caste certificate dated 12th of April, 2000. The charge was sought to be enquired into and upon the conclusion of the disciplinary enquiry, the Disciplinary Authority on 20th of May, 2009 passed an order of removal of the appellant. An appeal against the same was dismissed on 30/7/2009. The appellant preferred a revision that was rejected on the ground of limitation without touching the merits of the case.

(3.) Learned counsel submits that the charge as actually enumerated in the charge-sheet was of an allegation of manufacture of the document that was not proved. There is no evidence so as to conclude that the document had been manufactured by the appellant. It is therefore the contention on behalf of the appellant that if the said charge has not been proved, then mere presumption about the document being fake cannot be treated to be a substitute for clinching proof. It is further submitted that the appellant belongs to the other backward category and the mention of his caste in the service book while he was serving in the Army does not in any way reflect any other caste nor is there any such proof so as to indicate that the appellant does not belong to the other backward category. It is therefore submitted that once it is established that the appellant is of the other backward category, then in that event, the genesis of the charge about producing of a false certificate stands dissolved.