Hon’ble Delhi High Court while dealing with a petition here on 11-03-2019 in the case of “Birendra Bhadur S. v. Union of India & Ors.” stated that in the absence of anything to indicate that wrongful means are used for securing appointment, it is unfair to remove from service on such an unfounded charge.

BRIEF FACTS OF THE CASE

The Petitioner had applied for the post of Constable (General Duty) in the CISF under the „OBC Category‟. He was selected in the rank of Constable (GD) on 12th October, 2008. After completion of training, he was posted at the Airport at Lucknow from 2009 to 2013. Thereafter, he was posted to the Kolkata Airport. An anonymous complaint is stated to have been received by the Respondents against the Petitioner on 15th January, 2015 along the lines that he had fabricated his personal information as submitted to the Respondents.

The Petitioner was issued a charge memorandum dated 24th September, 2016 and as per the statement given by the Petitioner on 2nd July, 2015, he was not having the election identity card, ration card, driving license, PAN card and that without having those required documents, the submission of domicile and caste certificates tantamounted to “gaining appointment in CISF through wrongful means”.

Thus the enquiry as well as the appellant board approved the removal of petitioner form his post. Aggrieved by this order, this petition was filed.

DECISION OF THE COURT

Hon’ble Court held that in the absence of anything to indicate that he obtained the caste and domicile certificates by wrongful means for securing appointment in the CISF, it was unfair to remove the Petitioner from service on such an unfounded charge, unsupported by credible evidence.

Thus, the impugned order of the enquiry officer was set aside and the service of the petitioner was resumed.

Read the full Judgement Here-

http://lobis.nic.in/ddir/dhc/SMD/judgement/12-03-2019/SMD11032019CW35022018.pdf