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2019 Supreme(Megh) 122
IN THE HIGH COURT OF MEGHALAYA
H.S. THANGKHIEW, J.
Prabhat Kumar Sharma - Appellant
Versus
Union of India - Respondent
Writ Petition (C) No. 157 of 2017
Decided On : 25-03-2019
Important Points
Subject
Employment Law - Dismissal from Service
Headnote
Dismissal - Allegations of Fake Recruitment - Summary: The court dismissed the writ petition challenging the dismissal from service based on allegations of fake recruitment and fraudulent enrollment. The dismissal order was based on findings of a Court of Inquiry and was identical to a previous case that had been decided by the court.
Fact of the Case:
The writ petitioner was dismissed from service based on allegations of fake recruitment and fraudulent enrollment, following findings of a Court of Inquiry.
Finding of the Court:
The court dismissed the writ petition as the proceedings and dismissal order were identical to a previous case that had been decided by the court.
Issues: Allegations of fake recruitment, fraudulent enrollment, and dismissal from service.
Ratio Decidendi: The decision in a previous case that covered similar facts was applied to dismiss the instant writ petition.
Final Decision: The writ petition was dismissed, and the parties were directed to bear their own costs.
Advocate Appeared:
For the Appellant :Mr. S.D. Upadhaya, Advocate
For the Respondent: Mr. R. Debnath, CGC
JUDGMENT :
1. The brief facts of the case is that the writ petitioner was enrolled in the Assam Rifles on 17.06.2006 and later re-mustered as Rfn/Elect on 16.12.2009. On the complaint of Ex-Lance Naik Dayashankar Shah with regard to the production of fake residential certificate for enrollment in the Assam Rifles, besides the other allegations that the petitioner was involved in fake recruitment, fraudulent enrollment, taking bribes, bank transactions, property details including frequent changing of residential/payment address etc. a Staff Court of Inquiry (SCOI) was convened to investigate into the allegations.
2. Based on the findings of the Court of Inquiry the petitioner was issued Show Cause Notice and by impugned order dated 30.09.2016 the petitioner was dismissed from service.
3. The facts of the present case is that the proceedings which have been impugned and dismissal order are identical to the facts which have been pleaded and decided in the WP(C) No. 156 of 2017. In fact, the proceedings were initiated based on the same complaint by which the writ petitioner in WP(C) No. 156 of 2017 had approached this Court.
4. WP(C) No. 156 of 2017 has been decided on 20.03.2019 and the decision rendered therein squarely covers this case, as such the instant writ petition is also dismissed.
5. The parties to bear their own costs.
