Dismissed¶26

Raj Kumar v. the State of Jharkhand through Chief Secretary

Jharkhand HC22 Aug 2024WPC/4192/2020

Case brief

AI extract

What is this about?

Jharkhand HC, W.P.(S) 4192 of 2020, decided 22.08.2024, Ambuj Nath, J.: dismissal of CRPF Constable (218 Bn.) for forging JAC (Jharkhand Academic Council) secondary-examination certificate upheld; no equity where government employment obtained by forged documents; departmental finding of guilt, dismissal (19.07.2016), appellate dismissal of appeal (13.01.2017) and rejection of revision (28.05.2020) all sustained; writ petition dismissed; no statute or precedent cited.

What did the court decide?

No equity arises in favour of the petitioner because he procured his service on the post of Constable on the basis of a forged and fabricated document. ¶25

Raj Kumar Vs the State of Jharkhand through Chief Secretary — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (S) No. 4192 of 2020

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Raj Kumar, aged about 27 years, Son of Chandramani Gupta, Resident of Panchayat Remba Block Jamua, Village-Malho, P.O. Remba, P.S. Hirodih, Baramo District Giridih (Jharkhand)

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… … Petitioner

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-Versus -

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The State of Jharkhand through Chief Secretary, Government of Jharkhand having its Office at Project Bhawan, P.O. and P.S. Dhurwa, Ranchi, District-Ranchi

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Director General of Police, Central Reserve Police Force (CRPF), having its Office at Project Bhawan, P.O. & P.S. Dhurwa, Ranchi, District-Ranchi

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Deputy Inspector General of Police, Central Reserve Police Force (CRPF), having its Office at Project Bhawan, P.O. & P.S. Dhurwa, Ranchi, District-Ranchi

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Inspector General of Police, Central Reserve Police Force (CRPF), having its Office at Project Bhawan, P.O.& P.S. Dhurwa, Ranchi, District-Ranchi

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Commandant, 218 Battalion, Central Reserve Police Force (CRPF), having its Office at Seelam, P.O. Seelam, P.S. Gumla, District-Gumla

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... … Respondents

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CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

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For the Petitioner : M/s. Indrajit Sinha, Arpan Mishra, Advocates For the Resp. U.o.I. : M/s. Jitendra Tripathi, (C.G.C.)

05/22.08.2024

Heard the parties

The petitioner has filed this Writ Petition for quashing of order dated 19.07.2016 (Annexure-5) issued under the signature of Respondent No.5Commandant, 218 Battalion, Central Reserve Police Force (CRPF), Gumla, whereby and wherein he was dismissed from service. Petitioner has further prayed for quashing of the order dated 13.01.2017 (Annexure-7) issued under the signature of Respondent No.3-Deputy Inspector General of Police, Central Reserve Police Force (CRPF), Ranchi, whereby and wherein, the Respondent No. has dismissed the appeal preferred by the petitioner against the order of dismissal dated 19.07.2016. The petitioner has further prayed for quashing of order dated 28.05.2020 (Annexure-10) issued by the Respondent No. 4 Inspector General of Police, Central Reserve Police Force (CRPF), Ranchi, whereby and wherein, Respondent No.4. Inspector General of Police, Central Reserve Police Force (CRPF), Ranchi, dismissed the revision

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preferred by the petitioner with a further prayer to reinstate him on the post of Constable along with other consequential reliefs.

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The petitioner was appointed on the post of Constable (GD) in F-218 Battalion in Central Reserve Police Force on 21.08.2013 and was allotted Constable No.135174809. While the petitioner was posted in Gumla, chargesheet dated 23.01.2016 was served on him stating therein that he had obtained appointment on the basis of forged documents / forged educational certificates. A departmental proceeding was initiated against the petitioner in which he was found guilty and as such he was terminated.

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Learned counsel appearing on behalf of the respondents has filed counter-affidavit. Attention has been drawn towards Annexure-R/1 which is at page-14 of the counter-affidavit. This annexure is the certificate submitted by the petitioner purportedly issued by Jharkhand Academic Council, Ranchi stating that the petitioner had passed the Annual Secondary Examination in 2008 in second division. Attention has further been drawn towards Annexure-R/2 to this counter-affidavit which is information given by the Deputy Secretary, Jharkhand Academic Council, Ranchi stating therein that the certificate which was submitted by the petitioner which is at AnnexureR/1 was forged and fabricated.

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As the petitioner had procured his service on the post of Constable on the basis of forged and fabricated document, no equity arises in favour of the petitioner. Accordingly, I do not find any illegality in the order of the respondents terminating him from his service of Constable.

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This Writ Petition is dismissed.

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Pending I.A., if any, stands disposed of.

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(Ambuj Nath, J.)

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Nandini/Uploaded

Raj Kumar v. the State of Jharkhand through Chief Secretary

Case brief

What is this about?

What did the court decide?

Raj Kumar v. the State of Jharkhand through Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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