RAM PAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged order No. R.XIII-2/01-02-EC-III dtd. 30/7/2003 issued by respondent No. 4, whereby the appeal of the petitioner against order No. P.VIII-1/02-03-EC-II dtd. 30/12/2002 issued by respondent No. 5, has been dismissed. Challenge has also been thrown to order dtd. 30/12/2002 (supra) issued by respondent No. 5, whereby the petitioner has been removed from service with effect from 31/12/2002. The petitioner has further sought a direction upon the respondents to reinstate him on the post of Constable/Driver on which he was working prior to the issuance of impugned order dated 3012.2002 with all consequential benefits.

(2.) Briefly stated, the facts emerging from the record are that the petitioner was appointed as a Constable/Driver on 22/3/1991 with the Central Reserve Police Force (CRPF) and was posted in 16 Bn. CRPF. He continued to serve as such up to the year 2000, when it came to the notice of the respondents that the petitioner had procured his appointment on the basis of a forged 8th pass certificate purported to have been issued by the Government Middle School, Kot Garhi, Akhnoor. Accordingly, an enquiry was initiated against the petitioner with the framing of charge in terms of communication dtd. 24/9/1999. The following charge was framed against the petitioner:

(3.) Based on the evidence led during the enquiry, respondent No. 2 found that the aforesaid charge stands proved against the petitioner and accordingly, punishment of removal from service with effect from 5/1/2001 was imposed upon the petitioner in terms of office order No. P. VIII-1/99-136-EC-2 dtd. 5/1/2001.