Sukhendra Deb v. The State of Tripura and 2 ors
Case at a glance
Outcome
Dismissed
In view of the same, the present writ petition is dismissed
Judgment
: Ms. R. Purukayastha, Advocate. For the Respondent(s) : Mr. D. Sharma, Addl. G.A.
16.02.2022 Order Heard Ms. R. Purukayastha, learned counsel appearing for the petitioner as well as Mr. D. Sharma, learned Addl. G.A. appearing for the respondents. It is the case of the petitioner herein that he was in public service and he pursued his education as per the school Admit Card in Gopalnagar High School. The respondent-official came to know that he has given the wrong school Admit Card and he has pursued his education in Kamalghat High School. At the time of getting the said job, he was a minor with the age of 17 years 3 months and 20 days. So, the petitioner herein obtained school certificate from another school to show that he is fully qualified for admission into the services. He has been accordingly inducted into the services in the post of Rifleman No.88010592 under 1st Bn., Tripura State Rifle (for short T.S.R). At later point of time, an inquiry was conducted in this regard and in that said inquiry, he has submitted his explanation along with his representation but without considering the same, he has been removed from his service vide removal order dated 21.03.2007.
Aggrieved thereby, he preferred an appeal before the appellate authority and the same has been dismissed vide order dated 30.05.2007 confirming the order of the removal. Aggrieved and dissatisfied thereby, the petitioner had filed the instant writ petition. Earlier, this writ petition has been dismissed for default vide order dated 19.02.2015. Later an application bearing registration No. I.A No.01 of 2021 is filed seeking restoration. The same is ordered and the writ is restored. The writ is heard on merits. It is the case of the petitioner that the inquiry report was not furnished and a fair inquiry was not conducted. Even at the stage of removal, the appellate authority has not given him an opportunity as contained in the relevant service rules and regulations. Thus, the impugned removal order and the appellate order both need to be set aside and the writ needs to be allowed with all consequential benefits.
Mr. Sharma, learned Addl. G.A. appearing for the respondents submitted that the petitioner is not entitled to any relief and the writ petition itself is liable for dismissal since he has placed a false school certificate to get admission into the services. In support of his contention, he has placed the relevant original records. On perusal of the said records placed by the counsel for the respondents, it is evident that in the Attestation form which has been duly filled by the petitioner in his own hand-writing at the time of employment, he has categorically stated in his education column that he has pursued his studies in Kamalghat High School and he has signed the form. But the fact remains he is student of Gopalnagar School. As per Gopalnagar School records, his age is below 18 years and being minor he is not eligible for Government service. Hence, with malafide intention, he played fraud and procured false school certificate from Kamalghat High School showing wrong date of birth as 18 years plus and secured Government Job.
Operative part
Hence, the writ petition is liable to be dismissed and removal order and appellate order is to be confirmed. Heard both sides. Prima facie, we are of the view that the petitioner who is supposed to serve the nation by entering into the security services is not expected to heed to such kinds of tricks to get himself admitted into the services by giving some wrong information. At the threshold, the petitioner at all levels has not approached with clean hands and with malafide intentions he had taken up the employment by playing fraud. The contention that fair opportunity has not been given to him in the inquiry cannot be accepted since he has acted with malafide intention by giving false information in Attestation form. In view of the same, the present writ petition is dismissed with a cost of Rs.10,000/-(Rupees Ten Thousand) to the Tripura High Court Bar Association. The amount has to be deposited within a period of one month from today. A copy is marked to the President of the Tripura High Court Bar Association for information and necessary action. With the above observation and directions, this writ petition stands dismissed. JUDGE JUDGE suhanjit
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.