Patna High Court - Orders
Laxman Chaudhary vs The Union Of India And Ors on 29 March, 2019
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4953 of 2019
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Laxman Chaudhary
... ... Petitioner/s
Versus
The Union Of India And Ors
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Nand Gopal Mishra, Advocate
For the Respondent/s : Mr. S.D. Sanjay (ADSG)
Mr. Ram Anurag Singh, CGC
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 29-03-2019The petitioner, who has served as a Constable with Central Reserve Police Force, has been dismissed from service for having obtained his service on the basis of forged caste certificate. The aforesaid order of the disciplinary authority was passed in the year 2007. The appeal preferred by the petitioner was also dismissed way back in the year 2008.
The petitioner has approached this Court now with the justification that a representation preferred by the petitioner in the year 2017 was responded to and therefore, his case is still alive for consideration.
Learned counsel appearing for the petitioner has submitted that from the perusal of the order passed by the disciplinary authority as also the appellate order, it would become amply clear that the very basis of holding the petitioner's conduct as punishable has not Patna High Court CWJC No.4953 of 2019(2) dt.29-03-2019 2/3 been proved. There is nothing on record to indicate as to how the authorities have come to a finding that the caste certificate, the basis of the employment of the petitioner, is a forged document. Not a word has been indicated in either the order of the disciplinary authority or the appellate order regarding the document/certificate as to how is it suspicious in nature and therefore forged and fabricated. In fact, there is no discussion with respect to any communication from the certificate issuing authority.
It has been submitted on behalf of the petitioner, therefore, that in a case of this kind, merely on account of delay, the court proceeding should not be shut on his face holding his claim to be stale.
Mr. S.D. Sanjay, learned Additional Solicitor General, while defending the orders impugned in the present petition, submits that the order of disciplinary authority was passed in the year 2007 and the appellate order in the year 2008. After the passage of ten years, the petitioner cannot raise all these issues and it has to be presumed that the petitioner is no longer interested in service. Apart from this, he has submitted that an opportunity was given to the petitioner to prove his innocence, but he did not exercise that option and only kept on corresponding with the authority without any specific proof of his innocence.
Patna High Court CWJC No.4953 of 2019(2) dt.29-03-2019 3/3 The aforesaid argument of the learned Additional Solicitor General is not worthy of acceptance for the reason that the services of the petitioner have been terminated. It is for the employer to say as to how the disciplinary authority came to the conclusion that the certificate of caste, which was furnished by the petitioner at the time of his employment, was forged and fabricated.
It has additionally been argued by the learned Additional Solicitor General that the forum of revision which was available to the petitioner has also not been exhausted.
In the absence of any such finding as noted above in both the orders impugned, it has been argued, those stand vitiated.
Let counter affidavit in the matter be filed within a period of four weeks from today. Rejoinder, if any, may be filed within a period of two weeks thereafter.
Re-notify on 10.05.2019.
(Ashutosh Kumar, J) krishna/-
U