ANGREZ SINGH, S/O SARDARI LAL, R/O VILLAGE PHINDER Vs. UNION OF INDIA THROUGH MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI

JUDGEMENT

(1.) PETITIONER after he had rendered 23 years of service was called upon to show cause as to why his services be not brought to an end. He has been removed from service. The reason for this was that he had made a wrong declaration as to his date of birth. Two article of charges which formed the bases are part and parcel of Annexure -B. For facility of reference this is being reproduced below: Article -I That the said No. 710350902 NK Angrez Singh while functioning as a member of the Force u/s 11 (1) of CRPF Act 1949 in that he had declared his date of birth false stating as 09.10.1952 instead of 09.10.1954 at the time of his recruitment on 01.07.1971 as a constable in CRPF. Thereby he committed an offence of misconduct in his capacity as a member of the Force. Article II He was enlisted in CRPF w.e.f. 01.07.1971. His actual date of birth is 09.10.1954. Since he was under age at the time of his enlistment in CRPF he changed his D.O.B. in school leaving certificate as 09.10.1952 from 09.10.1954 by tempering to became eligible and enlistment in CRPF. Thus he committed an offence of misconduct in discharge of his duties as a member of the force.

(2.) A perusal of the, above would indicate that the mere allegation against the petitioner was that his date of birth was 09.10.1954 and he was wrongly declared it as 09.10.1952. It is further stated that he has tampered with the school leaving certificate. It is accordingly submitted that this act of his, which enabled him to join the service was covered by section 11 (1) of the Central Reserve Police Force Act. As indicated above he was called upon to show cause and after holding enquiry, the resultant order removing the petitioner from service came to be passed.

(3.) TWO charges against the petitioner were that he has declared his date of birth falsely and secondly, that he had tampered with the school leaving certificate, vis -avis these matters when enquiry was conducted by the enquiry officer, he was pointedly asked as to what his age was at the time he sought enrolment. His reply was that at that time he was studying in 9th class. It was on that basis his physical measurement were taken as to what his exact date of birth is, petitioner was unable to reply. He was unable to tell the exact date of birth. Another question put to him was to the effect that in the certificate furnished by him the date of birth has been erased and it has been shown as 09.10.1952 instead of 09.10.1954. The reply given by the petitioner was in the CRPF Form No.1 he had indicated that he has passed 9th class. As to who produced the certificate and as to who caused the eraser as per the petitioner was not in his knowledge. He took a categorical stand that he had never furnished this certificate.