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GAHC010071852020

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/2166/2020

NO. G /5018840X EX RFN/GD DURGA BAHADUR PRADHAN

S/O GANESH PRADHAN, PRESENTLY RESIDING AT VILL. AND P.O. LOKRA,

DIST. SONITPUR, ASSAM, PIN-784102

VERSUS

THE UNION OF INDIA AND 4 ORS

REP. BY THE SECRETARY TO THE HOME AFFAIRS, NORTH BLOCK, NEW

DELHI-01

2:THE DIRECTOR GENERAL

ASSAM RIFLES

SHILLONG

MEGHALAYA

PIN-793011

3:THE INSPECTOR GENERAL

ASSAM RIFLES

PIN-932554

C/O 99 APO

4:THE DEPUTY INSPECTOR GENERAL

ASSAM RIFLES

HEADQUARTERS 5 SECTOR

ASSAM RIFLES

C/O APO

5:THE COMMANDANT

7 ASSAM RIFLES

ASSAM RIFLES

PIN-932007 C/O-99 AP

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Advocate for the Petitioner : MR. A R TAHBILDAR,

Advocate for the Respondent : ASSTT.S.G.I., MRS. A GAYAN (C.G.C.)

BEFORE

HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

05.02.2026

Heard Mr. A.R Tahbildar, learned counsel for the petitioner. Also heard Ms. A

Gayan, learned CGC for the respondents.

2. This writ petition has been filed assailing the order dated 23.09.2019

whereby the petitioner was employed as Rifleman (General Duty) in the 7^th Assam

Rifles was dismissed from service for furnishing false and incorrect information at

the time of enrolment. The petitioner was enrolled on 19.10.2009. During the

recruitment process, he submitted High School Leaving Examination and Mark-

sheet issued by the Board of Secondary Education, Assam, Guwahati in order to

make himself eligible for the recruitment process. In terms of the materials and

documents submitted, the petitioner was recruited in the Assam Rifles and he

thereafter was employed in the 7^th Assam Rifle as Rifleman (General Duty). He

rendered his services for about 9 years 11 months 11 days. Subsequently, on a

verification process undertaken by the Assam Rifles, relevant documents were

sought for from the Personnel including the writ petitioner. During the process of

initial recruitment, the documents submitted by the petitioner relating to High

School Leaving Certificate Examination and mark-sheet stated to have been issued

by the Board of Secondary Education, Assam Guwahati were found to be false and

forged. A show cause notice was issued to the petitioner to which he replied and

pleaded guilty. There is clear admission that the petitioner had submitted false and

forged documents at the time when the recruitment process was undertaken and

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when he was enrolled as a Rifleman (General Duty) in 7 Assam Rifle.

3. The learned counsel for the petitioner attempted to pursued the Court that it

is not a case that the petitioner did not have the requisite qualification namely his

High School Leaving Certificate and had successfully cleared the Class-X

Examination. At the time when the recruitment process was undertaken, he had

appeared for the examination however, the results were not declared. Under some

mistaken and wrong advice, petitioner procured some documents and submitted

before the authorities. He was subsequently selected and recruited as Rifleman

(General Duty). However, for the fear of losing his job, the petitioner did not

present the genuine documents which he procured later after due completion of

the Class-X Examination. The matter remain thus till when the evaluation and re-

verification of the documents were undertaken by the Assam Rifles authorities

when it was discovered that at the time when the petitioner had applied for

recruitment and when he was recruited into the Assam Rifle, the documents

submitted by the petitioner namely, the High School Leaving Certificate and the

Mark-sheet of 2008 issued by the Board of Secondary Education, Assam Guwahati

was found to be false and forged. Under such circumstances, the authorities

initiated the enquiry proceedings by issuing a show cause pursuant to which the

petitioner had replied and pleaded guilty. In view of the clear admission, the

impugned order dated 23.09.2019 was issued whereby the petitioner was

dismissed from service. The learned counsel for the petitione