The main legal point established is the importance of document verification, the opportunity to correct mistakes, and the absence of objections during the petitioner's service.

JUDGMENT

Suresh Kumar Kait, J. - By filing this petition, petitioner is seeking quashing of the order dated 23.09.2019, whereby he has been dismissed from service w.e.f. 01.10.2019.

2. The brief background of the case, as mentioned in the petition, is that for filling up the post of Constables (GD) in various forces i.e. BSF, CRPF, CISF, ITBP, SSB, NIA & SSF and Rifleman in Assam Rifles, respondents had notified an advertisement for conducting Constables (GD) in CAPFs, NIA & SSF and Rifleman (GD) in Assam Rifles Examination 2015 , to which petitioner also applied by filling online form. According to petitioner, he had filled his first preference as 'Assam Rifles' in the online form and had clearly mentioned his permanent/ domicile address of Alwar/ Rajasthan. Petitioner has averred that he had filled the online form through E-shop/ cyber cafe operator, who had inadvertently filled the State/UT of domicile code as 04, presuming it to be 'preference of posting in the concerned district and border.

3. Under the schedule of selection published by respondent No.2- SSC, the applicant was required to first undergo Physical Endurance Test (PET) conducted by the CAPF i.e. CRPF followed by written examination. The qualified candidates were to be called for Detailed Medical Examination (DME) conducted by MHA coordinating CAPF i.e. CRPF and at the said time verification of the documents of the candidates was also to be done.

4. According to petitioner, it was also mentioned that if a candidate produces domicile certificate issued by a state other than the State mentioned in the application, the candidate will be considered for the State for which he has submitted the domicile certificate and will also be permitted to change the State code there and then.

5. Petitioner claims to have qualified the PET; cleared the written examination; appeared for DME and submitted all the documents for verification. The respondent No.2- SSC first issued a provisional list of selected candidates without force allocation after DME & verification of documents and thereafter, respondent No.3-MHA/CRPF prepared the final list with force allocation. The petitioner was selected for the post of Rifleman (GD) in Assam Rifles and was issued appointment letter dated 21.04.2017. He was directed to report to Assam Rifles Training Centre Dimapur, Nagaland on 25.05.2017 at 0800 hrs for basic military training, which he successfully completed and after the Oath Parade, he was posted to 7 Assam Rifle as Rifleman (GD). However, petitioner received a Show Cause Notice dated 31.01.2019 from Colonel Commandant, 7 Assam Rifles wherein it was mentioned that though petitioner had submitted Domicile Certificate of Rajasthan, however, he was selected against the vacancies of Assam State as he had filled the State/UT Domicile Code in the application as 04. The petitioner filed a reply dated 14.02.2019 to the aforesaid Show Cause Notice and contended it as a bona fide mistake on the part of the operator of the cyber café while filling the online application form.

6. Petitioner thereafter received another Show Cause Notice dated 08.05.2019 stated therein that though he had submitted the domicile certificate of Rajasthan, however, he was selected against the vacancies in the State of Assam and was asked to explain as to why he should not be dismissed from service under the provisions of the Section 11 (2) of Assam Rifles Act, 2006 read with Rule 22 of Assam Rifles Rules, 2010. In the reply dated 03.06.2019 to the aforesaid Show Cause Notice dated 08.05.2019, the petitioner stated that the mistake was not deliberate and being a technologically challenged person, the form was filled by an operator of a cyber café and requested the authorities to consider his good moral character as well as family condition and prayed for continuation of service. Thereafter, petitioner received impugned order dated 23.09.2019 from Deputy Inspector General, Assam Rifles dismissing him from service w.e.f 01.10.20