Delhi High Court Upholds Dismissal of CRPF Officer for Submitting False Educational Documents

Court rules that submission of false documents undermines trust in security services, justifying removal from service.

In a significant ruling, the Delhi High Court has dismissed a writ petition filed by Amit Kumar, a former Constable/Water Carrier of the Central Reserve Police Force (CRPF), challenging his removal from service for submitting false educational documents. The judgment, delivered by Justices Subramonium Prasad and Vimal Kumar Yadav, underscores the importance of trust in defense and security services, ruling that submission of false or bogus documents, even if claimed to be a bona fide mistake, compromises this trust and justifies dismissal.

The petitioner, Amit Kumar, was removed from service following a departmental inquiry that revealed his matriculation certificate was a bogus document. Kumar had claimed that the submission of the false document was a bona fide mistake and argued that he was otherwise qualified for the position at the time of his appointment.

However, the court found that the submission of false documents, particularly in security services like the CRPF, undermines the essential trust between employer and employee. The bench highlighted that in such services, where the security of life and property is paramount, even minor lapses can have significant consequences. The court also emphasized that judicial review of disciplinary actions is limited to ensuring the decision-making process is fair and follows principles of natural justice. Interference with the quantum of punishment is warranted only if it is highly disproportionate or shocks the judicial conscience.

The Delhi High Court relied on Clause 10(2) of the Government of India’s Department of Personnel & Training memorandum, which stipulates that government servants found ineligible or unqualified for their initial recruitment, or who furnish false information, should not be retained in service. The court noted that Kumar was given ample opportunity to appeal and seek revision, but the allegations against him were conclusively established during the inquiry.

Despite Kumar’s assertion that the submission was a bona fide mistake, the court found that the discrepancy in marks obtained was significant, and it was unlikely that he would forget such details. The judgment stressed that the petitioner’s actions were not consistent with a bona fide mistake, as he failed to inform authorities about losing his original mark sheet and knowingly submitted a false document.

The court dismissed Kumar’s petition, ruling that the punishment was neither disproportionate nor harsh, given the nature of the misconduct. The judgment reaffirms the principle that trust is paramount in security services and that any breach of this trust, regardless of the role within the organization, warrants strict disciplinary action.

Bottom Line:

Submission of false documents for securing employment, even if claimed as a bona fide mistake, cannot be overlooked in security services like CRPF. Such actions undermine the trust between the employer and employee and justify dismissal from service.

Statutory provision(s): Clause 10(2) of G.O.I., Department of Personnel & Training, O.M. No. 11012/7/91-Estt (A) dated 19.05.1993, Rule 14 of CCS (CCA) Rules, 1965

Amit Kumar v. Union of India, (Delhi)(DB) : Law Finder Doc Id # 2794982