Dismissed

No. G/5029224 Rect/Gd Rohit Singh Shah v. the Union of India and 4 Ors.

Gauhati HC6 Jun 2022WP(C)/9116/2019

Case brief

AI extract

What is this about?

In this writ petition, the petitioner assailed an order dismissing him from compassionate appointment service as having furnished false information. The Court upheld the dismissal, holding that false declarations negate the need for a full inquiry under the relevant rules and the order was sustainable.

What did the court decide?

The writ petition is dismissed and the impugned order is sustained.

No. G/5029224 Rect/Gd Rohit Singh Shah Vs the Union… — Service and Employment | Gauhati HC (2022)

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Page No.# 1/5

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GAHC010301142019

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

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Case No. : WP(C)/9116/2019

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NO. G/5029224 RECT/GD ROHIT SINGH SHAH

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ASSAM RIFLES TRAINING CENTER AND SCHOOL, P.O. DIMAPUR, C/O 99 APO, PIN- 932428, PERMANENT ADDRESS- S/O- LT. REWAT SINGH, R/OVILL- BANISOO, P.O. AND P.S. RIKHANIKHAL, DIST. POURI GARHWAL, UTTARAKHAND, PIN- 246169

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VERSUS

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THE UNION OF INDIA AND 4 ORS. REP. BY THE HOME SECY. TO THE GOVT. OF INDIA, NEW DELHI- 110001

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2:THE DIRECTOR GENERAL OF ASSAM RIFLES SHILLONG C/O 99 ARMY POST OFFICE PIN- 793011

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3:THE INSPECTOR GENERAL (HQ) ASSAM RIFLES (NORTH) C/O 99 APO PIN- 932554

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4:THE DY. INSPECTOR GENERAL ASSAM RIFLES TRAINING CENTRE AND SCHOOL P.O. DIMAPUR NAGALAND C/O 99 APO PIN- 797115

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5:THE COMMANDANT

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NO. 2 TRAINING COMPANY C/O 99 ARMY POST OFFIC

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Advocate for the Petitioner : MR. R P SARMAH

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Advocate for the Respondent : ASSTT.S.G.I.

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 06-06-2022

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Heard Mr. R.P. Sarmah, learned senior counsel assisted by Mr. P.N. Sharma, learned counsel for the petitioner as well as Mr. S.K. Medhi, learned CGC appearing for the respondents.

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By filing this writ petition under Article 226 of the Constitution of India the petitioner has assailed the impugned order dated 03.09.2019, passed by the Office of the DIG, Assam Rifles Training Centre and Schools, thereby dismissing the petitioner from service by invoking the provisions of sub-section 2 of section 11 of the Assam Rifles Act, 2006.

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The learned senior counsel for the petitioner has referred to the averments made in the writ petition and has submitted that the petitioner had applied for recruitment in the Assam Rifles on compassionate ground. Subsequently, the petitioner was served with a call letter dated 21.05.2018 for PST & PET/ Trade test/DME of Assam Rifles Compassionate Ground Appointment Recruitment Rally 2018.

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The petitioner had participated in the process and submitted his documents on 01.07.2018 along with an undertaking (Annexure-B) and in due course the petitioner was enrolled in Assam Rifles on compassionate ground.

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The petitioner thereafter was served with a show-cause notice dated 11.07.2019, as to why he should not be dismissed from service for furnishing false and incorrect information at the time of appointment or enrollment. The petitioner had submitted his reply given sometime in the month of July, 2019. Thereafter the impugned order dated 03.09.2019 was issued by the competent authority.

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The learned senior counsel for the petitioner has strenuously submitted that the petitioner had provided all the requisite information to the respondents while applying for employment and therefore, it was the responsibility of the respondents to make an inquiry before appointing the petitioner and having appointed the petitioner in service, the respondent authorities were required to comply with the principles of natural justice by initiating a departmental proceeding against the petitioner, if so required. It was submitted that the petitioner could not have been summarily dismissed from service.

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Per contra, the learned CGC has submitted that as the petitioner had not filled up the requisite column in his application, about the family members getting any appointment on compassionate ground, the respondent authorities had taken an undertaking certificate dated 16.04.2018, wherein the petitioner had stated no one in his family was appointed against compassionate appointment except for him, and that the said declaration was subsequently found to be false because the elder brother of the petitioner, namely, Rahul Singh, was enrolled through Compassionate Ground Rally, 2015 & 2017. It is submitted that subsequent to the appointment of the petitioner, the respondent

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authorities had found out that his elder brother had already been enrolled in service and therefore in exercise of power empowered under Rule 22 of the Assam Rifles Rules 2010, the petitioner was dismissed from service and it is submitted that in such cases, the only requirement was to issue a show-cause notice and as per the said rules, a disciplinary enquiry was not envisaged for removal of persons entering into service by giving false declaration.

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The Court finds that the respondents have been able to demonstrate that in his application for compassionate appointment, the petitioner had not filled up the requisite column as to whether any other dependent family member has been appointed on compassionate ground, and that the authorities had obtained his declaration subsequently, which was found out to be false.

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Although the submission made by the learned senior counsel for the petitioner that a disciplinary inquiry ought to have been made by the respondent authorities appear to be appealing, but in this case in hand, the petitioner had not filled-up the requisite column of the application form, and subsequently gave a false declaration. Nonetheless, the provision of sub-section (2) of section 11 of the Assam Rifles Rules, 2010 does empower the respondent authorities to remove the petitioner from service for giving false declaration.

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Accordingly, as it is not disputed that the elder brother of the petitioner had joined the service of Assam Rifles, and that he was appointed on compassionate ground, the impugned order dated 03.09.2019 under Memo no. I.12011/262/Rec/AR CG Rally 2018/1654 is found sustainable and not liable to be interfered with.

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Accordingly, this writ petition stands dismissed.

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The parties are left to bear their own cost.

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JUDGE

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Comparing Assistant

No. G/5029224 Rect/Gd Rohit Singh Shah v. the Union of India and 4 Ors.

Case brief

What is this about?

What did the court decide?

No. G/5029224 Rect/Gd Rohit Singh Shah v. the Union of India and 4 Ors.

Case brief

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What did the court decide?

What the court decided

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