Submission of forged and fabricated certificate for appointment is a serious misconduct: Dismissal upheld

Supreme Court Upholds Dismissal of Police Constable for Forgery Dismissal of Ex-Constable Vinod Kumar Reinstated by Supreme Court for Using Forged Educational Certificate

In a significant ruling, the Supreme Court of India has upheld the dismissal of Ex-Constable Vinod Kumar from the Delhi Police for submitting a forged educational certificate at the time of his appointment. The judgment, delivered by a bench comprising Justices Ahsanuddin Amanullah and Prashant Kumar Mishra, reinstated the original dismissal order, overturning the decisions of the Central Administrative Tribunal (CAT) and the Delhi High Court that had earlier favored the respondent.

The case dates back to 1988 when Vinod Kumar was appointed as a constable in the Delhi Police. However, in 1996, a complaint surfaced alleging that Kumar had secured his position using a forged degree. The authorities, upon verifying the claim, found the certificate to be fabricated and dismissed Kumar from service in 1997. This decision was challenged by Kumar, resulting in a CAT ruling in his favor, which was subsequently upheld by the Delhi High Court.

The Supreme Court, however, took a different stance, emphasizing the gravity of Kumar's misconduct. The bench highlighted that the act of submitting a forged certificate, especially for a position in the uniformed services like the police, is a serious violation that cannot be condoned. The Court noted that the integrity of the police force is paramount, and any breach, particularly one involving fraudulent means to gain entry, undermines the rule of law that the police are sworn to uphold.

During the proceedings, the appellants' counsel presented the original forged certificate and a letter from the issuing authority confirming the forgery. The respondent's counsel argued for a full departmental inquiry, but the Supreme Court found that the admitted forgery negated the need for such proceedings. The bench concluded that the absence of a departmental inquiry did not invalidate the dismissal given the clear evidence of forgery.

The ruling underscores the Court's zero-tolerance policy towards misconduct in the police force, especially involving fraudulent credentials. It reinstates the dismissal ordered in 1997, emphasizing that such conduct is unpardonable and warrants strict action.

Bottom Line:

Submission of forged and fabricated educational certificate for appointment as Police Constable is a serious misconduct. Dismissal from service in such cases upheld without necessity of full departmental inquiry due to the glaring criminal conduct.

Statutory provision(s): None explicitly mentioned in the judgment.

Commissioner of Police v. EX. CT. Vinod Kumar, (SC) : Law Finder Doc Id # 2810268