The central legal point established in the judgment is the interpretation and application of Section 11 of the CRPF Act, 1949, emphasizing the power of the disciplinary authority to impose punishments such as dismissal or removal from service.

( 1 ) INTERPRETATION and/or application or Section 11 or The central Reserve Police Force Act, 1949 (CRPF for short) is in question in this writ petition which has been filed by the petitioner questioning an order of removal of service dated 28th September 1994.

( 2 ) THE basic fact of the matter is not in dispute.

( 3 ) THE petitioner was appointed as a Constable in Central reserve Police Force. The educational qualification required for appointment to the said post was class XI. A certificate was submitted by the petitioner to that effect. However, at the relevant point of time, he was studying in class XI. The petitioner subsequently was promoted to the posts of Havaldar and Sub Inspector. He was not permitted to sit in the g. D. departmental examination for his further promotion on the ground that at the relevant time, he was only studying in class XI and, thus, did not have the requisite qualification. The petitioner made three attempts to appear at the said examination but he was not allowed to do so. However, in an examination held in the month of October 1991, he was permitted to appear and allegedly came out successful. However, it was discovered that the petitioner had not submitted his matriculation certificate. It was further discovered that even for the purpose of promotion to the post of sub Inspector, the petitioner was required to produce the said certificate.

( 4 ) ALLEGEDLY, at that stage he was approached by an establishment clerk Shri Bhagwat Swaroop by name, to the effect that a certificate could be procured for him and it would be necessary to submit such a certificate as otherwise his Officer Commanding would be in serious trouble.

( 5 ) ACCORDING to the petitioner, the said matriculation certificate was procured by Shri Bhagwat Swaroop, the Establishment clerk of the Unit. The petitioner filed an application that he had not been able to file the matriculation certificate which he was doing then. The said certificate admittedly was a forged one. The petitioner, however, contends that the he was not aware that the actions on the part of the said Shri bhagwat Swaroop and the concerned officers was by way of a trick to trap him. A departmental enquiry, therefore, was initialed and by reason of an order dated 28th September 1994, he was given the punishment of removal from service.

( 6 ) THE relevant portion of the order dated 28th September 1994 passed by the Disciplinary Authority is as under:

"4. The undersigned has carefully gone through the departmental enquiry proceedings, report of the Enquiry officer and representation submitted by the delinquent in reply to the Enquiry Officers report. Though the delinquent pleaded "not guilty", in the initial stage, but vide his defence statement dated 2/6/94, he pleaded guilty and admitted that the certificate produced by him from the Bihar Board of education was fake. As per the Transfer certificate available in the service record of the delinquent, he discontinued his studies while studying in Class XI (i. e. on 17/8/1962) whereas the matriculation certificate produced by him, he passed matriculation examination during March 1962. Hence, the matter was verified from the Principal Uccha Vidhyalaya Kinjar, distt. Jahanabad (Bihar ). The Principal uccha Vidhayalaya Kinjar, vide his letter No. 22 dated 16/7/93 intimated that SI Param hans Singh, while leaving the school was studying in Class XI and he did not appear in the examination of Bihar Vidhyalaya pariksha Samiti. The Commandant 103 Bn vide his letter No. C. II-2/93-103-SRC-II dated 31/3/93 got verified the authenticity of "madhyamik Pariksha" certificate submitted by SI Param Hans Singh. Sh. Parimal banerjee, Additional Secretary Bihar vidhyalaya Pariksha Samiti, Patna, vide his letter No. 3854 dated 20/7/93 informed that enquiry was made on the basis of photocopy of certificate, but it was found that the name of student was not available on the records. Further, Sh. Jagdish Singh, Joint-Secretary