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2017 Supreme(Del) 1721

SANJIV KHANNA, PRATHIBA M.SINGH
SANDEEP – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner: Mr. P. Chandrasen, Mr. Dibya Nishant
For the Respondents: Mr. Sanjeev Narula, Ms. A. Chandra

JUDGMENT :

SANJIV KHANNA, J.

CM 20310/2017 (exemption)

Allowed subject to all just exceptions.

W.P.(C) 4668/2017 & CM No.20309/2017

The petitioner-Sandeep, impugns the order of discharge dated 9th March2017 passed by the Commander, Coast Guard Region (W) on behalf of Director General of the Indian Coast Guard.

2. The petitioner was inducted and appointed as a Navik (General Duty) in the -02/2014 batch.

3. Along with the application form, the petitioner had submitted documents including a Class XII certificate issued by the Council of Secondary Education, Mohali (CSEM).

4. The petitioner thereafter underwent 11 months training and was posted at Mumbai.

5. In March 2016, disciplinary action was initiated against the petitioner for submitting a Class XII educational certificate from a 'fake' or unrecognised board. Enquiry was conducted and evidence was recorded as per the provisions of the Coast Guard (Discipline) Rules, 1983.

6. Thereafter, the show cause notice dated 13th December, 2016 was issued that upon verification, it was ascertained and revealed that CSEM, i.e., Council of Secondary Education Mohali, was not a recognised board. The petitioner was asked to show cause, why action in term










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