Verification of the genuineness of the subsequent caste certificate and imposition of proportionate punishment in accordance with the CRPF Act, 1949.

JUDGMENT :

PARTHA SARATHI SEN, J.

1. Both the writ petitioner and the respondents/Union of India and its officials are represented by their respective learned Advocates.

2. The subject matter of challenge in this writ petition is the finding of the enquiry officer vide its report dated 09.07.2016, the finding of the disciplinary authority regarding gravity of offence and quantum of punishment and the finding of the appellate authority dated 27.03.2019 as against the writ petitioner whereby and whereunder the punishment of the petitioner from dismissal from service with effect from 01.11.2016 as awarded by the disciplinary authority has been affirmed by the said appellate authority and the revisional authority.

3. By filing the instant writ petition the writ petitioner has prayed for setting aside of the said findings with a further prayer for his reinstatement in the service of CRPF.

4. In support of the instant writ petition Mr. Mitra, learned Advocate for the writ petitioner at the very outset draws attention of this Court to the writ petition as filed before this Court. It is contended that after joining CRPF and after working there for a continuous period of 16 years the present petitioner had to face charge(s) of misconduct on the ground that he has provided a fake caste certificate to his employer prior to joining his service. Drawing attention to Rule 14 of the CRPF Rules, 1955, hereinafter referred to as the ‘said rules’ it is contended by Mr. Mitra that under the said rules the verification of the incumbent who has been enrolled in CRPF regarding his character, antecedents, connections and ages shall have to be verified at the earliest, however, there occurred inordinate delay of 16 years in verification of such caste certificate and ultimately the present writ petitioner was dismissed from service on and from 01.11.2016.

5. It is contended further that during the pendency of the disciplinary proceeding the writ petitioner has produced another caste certificate issued by the self-same authority but the same has not been considered by the authority for the reason best known to them though the new caste certificate clearly indicates that the writ petitioner falls under the category in which he was employed. It is contended that for not considering the fresh caste certificate as supplied to the authority during the pendency of the disciplinary proceeding, the principle of natural justice has been violated for which the interference of the writ court is warranted. It is further argued by Mr. Mitra that since it was never the case of the authority that the present petitioner does not belong to a particular cast, the punishment as awarded by the authority is also excessive and exaggerated for which interference of the writ court is very much necessary.

6. Mr. Mitra, learned Advocate for the writ petitioner places his reliance upon a reported decision of a co-ordinate Bench, viz., Subrata Mondal vs. The Union of India & Ors. as passed in WP No. 24693 (W) of 2012 disposed of on 16.12.2016 and reported in 2016 SCC Online Cal 7495.

7. It is contended by Mr. Mitra in the said identical case, the Hon’ble co-ordinate Bench though not interfered with the finding of the authority but interfered with the proportionality of punishment keeping in mind that the writ petitioner of the said case belongs to a particular community in which he was admitted in CRPF. Mr. Mitra, thus, submits before this Court that an appropriate order may be passed for reinstatement of the present writ petitioner by setting aside the findings of the authorities.

8. Per contra Mrs. Saha Dutta, learned Advocate for the respondents/Union of India at the very outset draws attention of this Court to pages 14A, 15 and 18 of the affidavit-of-opposition as filed by the respondents. It contended by Mrs. Saha Dutta that in course of verification it reveals that the caste certificate bearing No. OBC/984/98 dated 14.07.1998 as submitted by the writ petitioner is subsequently found