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SANJAY DHAR
Ram Paul, S/o. Sh. Dharam Chand – Appellant
Versus
Union of India, through Home Secretary, Ministry of Home Affairs, Government of India – Respondent
JUDGMENT :
1. The petitioner has challenged order No. R.XIII-2/01-02-EC-III dated 30.07.2003 issued by respondent No. 4, whereby the appeal of the petitioner against order No. P.VIII-1/02-03-EC-II dated 30.12.2002 issued by respondent No. 5, has been dismissed. Challenge has also been thrown to order dated 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 22.03.1991 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 petit
The main legal point established in the judgment is that the evidence collected during an enquiry must be sufficient to support the conclusions drawn, especially in cases involving employment dispute....
Appointments secured by misrepresentation or on the basis of forged documents are non est in the eyes of the law and do not create any right in favor of the person so appointed. Fraud vitiates everyt....
The court's jurisdiction is limited to correcting errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice.
The punishment imposed must be proportionate to the gravity of the misconduct, and the principles of natural justice and statutory regulations prescribing the mode of enquiry must be followed.
Proportionality of punishment and adherence to prescribed procedures in disciplinary proceedings.
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