RAM SARAN Vs. I G OF POLICE CRPF
LAWS(SC)-2006-2-74
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on February 02,2006

RAM SARAN Appellant
VERSUS
I.G.OF POLICE, CRPF Respondents


Referred Judgements :-

CA ASSOCIATED PROVINCIAL PICTURE HOUSES LTD. V. WEDNESBURY CORPN. [REFERRED TO]
R VISHWANTHA PILLAI VS. STATE OF KERALA [REFERRED TO]
V RAMANA VS. APSRTC [REFERRED TO]



Cited Judgements :-

EX SIG MAN KANHAIYA KUMAR VS. UNION OF INDIA & ORS [LAWS(SC)-2018-1-93] [REFERRED TO]
SANDEEP SUBHASH PARATE VS. STATE OF MAHARASHTRA [LAWS(SC)-2006-8-132] [REFERRED TO]
UNION OF INDIA VS. SORAN SINGH [LAWS(DLH)-2006-10-95] [REFERRED TO]
BHARATSINH GODALBHAI BAMANIA VS. STATE OF GUJARAT [LAWS(GJH)-2007-9-51] [REFERRED TO]
RAMESH CHOUDHARY VS. UNION PUBLIC SERVICE COMMISSION [LAWS(CA)-2014-11-5] [REFERRED TO]
SHIV LOCHAN VS. STATE OF U P [LAWS(ALL)-2010-1-12] [REFERRED TO]
UPSRTC AGRA VS. PRESIDING OFFICER & ANOTHER [LAWS(ALL)-2018-10-215] [REFERRED TO]
SAGAR CHANDRA DAS VS. NORTH EASTERN ELECTRIC POWER CORPORATION LTD. AND ORS. [LAWS(GAU)-2015-4-88] [REFERRED TO]
ROOPACHERA TEA CO.LTD. VS. STATE OF WEST BENGAL [LAWS(CAL)-2012-9-119] [REFERRED TO (PARA 19)]
LALLAN PRASAD SRIVASTAVA VS. STATE OF U P [LAWS(ALL)-2010-12-24] [REFERRED TO]
ASSOCIATION FOR PROTECTION OF DEMOCRATIC VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-11-16] [REFERRED TO]
PRADIP KUMAR HAZARIKA VS. NEW INDIA ASSURANCE COMPANY LTD. AND ORS. [LAWS(GAU)-2015-9-6] [REFERRED TO]
DINESHKUMAR AMRITLAL MODI VS. DIVISIONAL CONTROLLER SHRI [LAWS(GJH)-2021-6-271] [REFERRED TO]
SAMSUL ALI VS. STATE OF ASSAM [LAWS(GAU)-2014-9-4] [REFERRED TO]
M RAMESH VS. LABOUR COURT [LAWS(APH)-2009-4-92] [REFERRED TO]
MOHD SADIQ ALI VS. PESEDING OFFICER LABOUR COURT GODAVARIKHANI [LAWS(APH)-2007-1-73] [REFERRED TO]
J C SAXENA VS. UNION OF INDIA [LAWS(ALL)-2007-5-103] [REFERRED TO]
ARUN MUSHAHARY VS. ASSAM GRAMIN VIKASH BANK [LAWS(GAU)-2019-7-26] [REFERRED TO]
S.K. HABIBUR RAHMAN VS. UOI AND ORS. [LAWS(DLH)-2015-8-113] [REFERRED TO]
JITENDRA J PANDYA VS. ORIENTAL INSURANCE CO LTD [LAWS(GJH)-2011-7-171] [REFERRED TO]
MUKESH KUMAR BHARDWAJ VS. MCD [LAWS(DLH)-2011-5-396] [REFERRED TO]
STATE OF MAHARASHTRA VS. SANJAY K NIMJE [LAWS(SC)-2007-1-41] [REFERRED TO]
CHRISTOPHER KUJUR VS. THE UNION OF INDIA, THROUGH THE SECRETARY [LAWS(JHAR)-2017-8-20] [REFERRED TO]
K JEGANATHAN VS. UNION OF INDIA [LAWS(MAD)-2008-4-55] [REFERRED TO]
MRS. SWAPNA KALITA VS. ASSAM GRAMIN VIKASH BANK AND OTHERS [LAWS(GAU)-2018-8-117] [REFERRED TO]
UNION OF INDIA AND OTHERS VS. L/NK RAM SINGH RAI [LAWS(P&H)-2006-12-141] [REFERRED]
KARIM KHAN MOHD NAYEEM HEAD CONSTABLE DRIVER VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2006-3-22] [REFERRED TO]
STATE OF MAHARASHTRA VS. RAVI PRAKASH BABULALSING PARMAR [LAWS(SC)-2006-10-3] [REFERRED TO]
Christopher Kujur VS. Union of India [LAWS(JHAR)-2009-4-122] [REFERRED TO]
SAMSUL ALI VS. THE STATE OF ASSAM [LAWS(GAU)-2014-8-28] [REFERRED TO]
NARENDRA KUMAR KASAV VS. UNION OF INDIA [LAWS(GAU)-2009-7-2] [REFERRED]
M GOPALA KRISHNA VS. DIVISIONAL SECRETARY COMMISSIONER RAILWAY PROTECTION FORCE [LAWS(APH)-2006-7-54] [REFERRED TO]
TAPAN KUMAR NASKAR VS. STATE OF C.G [LAWS(CHH)-2007-5-20] [REFERRED TO]
LOKESHWAR PRASAD VS. OM KUMARI SAXENA [LAWS(ALL)-2014-3-258] [REFERRED TO]
SAVITABEN HIRABHAI PATILYA VS. STATE OF GUJARAT [LAWS(GJH)-2007-9-65] [REFERRED TO]
EX CONST AMIT KUMAR VS. UNION OF INDIA [LAWS(DLH)-2006-11-302] [RELIED ON]
BALBINDER SINGH VS. UNION OF INDIA [LAWS(DLH)-2006-7-90] [REFERRED TO]
UNION OF INDIA VS. AMAR SINGH [LAWS(SC)-2007-11-69] [REFERRED TO]
RUCHIKA RAI MADAN VS. DIRECTORATE OF EDUCATION [LAWS(DLH)-2023-8-168] [REFERRED TO]
NARENDRA KUMAR SANADYA VS. STATE OF M P [LAWS(MPH)-2011-1-86] [REFERRED TO]
THDC INDIA LIMITED, THROUGH ITS CHAIRMAN & MANAGING DIRECTOR VS. BEENA CHAMOLI, W/O LATE VINOD CHAMOLI [LAWS(UTN)-2017-11-98] [REFERRED TO]
UNION OF INDIA AND ORS VS. EX CONSTABLE/GD PRAMOD KUMAR [LAWS(P&H)-2015-7-443] [REFERRED]
SHIVJI PANDEY VS. STATE OF BIHAR [LAWS(PAT)-2012-6-27] [REFERRED TO]
PURSHOTTAM LAL DAS VS. STATE OF BIHAR [LAWS(SC)-2006-10-23] [REFERRED TO]
MITHILESH KUMAR VS. UNION OF INDIA [LAWS(PAT)-2007-4-121] [REFERRED TO]
P NARSIMLU VS. LABOUR COURT II [LAWS(APH)-2008-11-18] [REFERRED TO]
V RAJU VS. COMMANDER WORKS ENGINEER [LAWS(APH)-2009-2-12] [REFERRED TO]
PULIN BEHARI DE VS. FOOD CORPORATION OF INDIA [LAWS(GAU)-2009-6-62] [REFERRED TO]
SHEETAL DAS MAHANT VS. STATE OF CHHATTISGARH [LAWS(CHH)-2007-1-15] [REFERRED TO]
KAISARODDIN JAHIRODDIN VS. DIVISIONAL CASTE VERIFICATION AND SCRUTINY COMMITTEE [LAWS(BOM)-2008-3-47] [REFERRED TO]
C/M SHITLA SAHAI MAUNI SWAMI INTER COLLEGE VS. STATE OF U.P [LAWS(ALL)-2016-8-41] [REFERRED]
AL-RAHMAN CHARITABLE TRUST THRU TRUSTEE SHAREEF VS. U O I THRU SECY HOME NEW DELHI & ORS [LAWS(ALL)-2018-12-117] [REFERRED TO]
OM PRAKASH VS. STATE OF U P [LAWS(ALL)-2014-7-448] [REFERRED TO]
SRI RAM VS. CHAIRMAN-CUM-MANAGING DIRECTOR, UTTAR PRADESH POWER CORPORATION LTD. AND ORS. [LAWS(ALL)-2015-12-152] [REFERRED TO]
YOGESH KUMAR SINGH VS. UNION OF INDIA (UOI) AND ORS. [LAWS(DLH)-2006-10-226] [REFERRED TO]
SHANKAR SAYANNA VS. CHAIRMAN INDUSTRIAL TRIBUNAL CUM LABOUR COURT [LAWS(APH)-2006-9-129] [REFERRED TO]
NEELU DWIVEDI VS. ARTIFICIAL LIMBS MANUFACTURING CORPORATION OF INDIA [LAWS(ALL)-2021-7-57] [REFERRED TO]
S GEORGE VS. DIRECTOR GENERAL OF POLICE CHENNAI [LAWS(MAD)-2008-4-381] [REFERRED TO]
C KRISHNAN VS. DISTRICT EDUCATIONAL OFFICER [LAWS(MAD)-2008-5-12] [REFERRED TO]
J JAYARAMAN VS. DISTRICT ELEMENTARY EDUCATIONAL [LAWS(MAD)-2008-6-196] [REFERRED TO]
MANAGER, UTTAR GUJARAT VIJ COMPANY LIMITED VS. DESAI GEMARBHAI JESINGBHAI [LAWS(GJH)-2022-9-47] [REFERRED TO]
DALIP KUMAR VS. LADY HARDING MEDICAL COLLEGE [LAWS(DLH)-2007-12-74] [REFERRED TO]
RECRUIT PRITAM SINGH VS. UNION OF INDIA [LAWS(DLH)-2007-1-109] [REFERRED TO]
VIRENDER SINGH VS. PRESIDING OFFICER [LAWS(DLH)-2006-10-150] [REFERRED TO]
AJIT NARAYAN VS. UNION OF INDIA [LAWS(MPH)-2016-10-49] [REFERRED TO]
UNION OF INDIA BHARAT SANCHAR NIGAM LTD., CHENNAI VS. P. SHYAMALA [LAWS(MAD)-2017-1-303] [REFERRED TO]
CHAIRMAN AND MANAGING DIRECTOR FCI AND ORS. VS. JAGDISH BALARAM BAHIRA AND ORS. [LAWS(SC)-2017-7-2] [REFERRED TO]
M KARNAN VS. PRESIDING OFFICER [LAWS(MAD)-2008-6-296] [REFERRED TO]
HARPAL VS. PRESIDING OFFICER LABOUR COURT [LAWS(DLH)-2007-1-163] [REFERRED TO]
VINOD KUMAR VS. DDA [LAWS(DLH)-2015-12-209] [REFERRED TO]
SURINDER KUMAR VS. DIRECTOR GENERAL, C.R.P.F. [LAWS(HPH)-2007-5-43] [REFERRED TO]
ANOOP KUMAR SRIVASTAVA VS. STATE OF U.P [LAWS(ALL)-2021-10-64] [REFERRED TO]
P VENKATESH VS. REGIONAL MANAGER APSRTC [LAWS(APH)-2007-8-75] [REFERRED TO]
BAKER ALI VS. REGIONAL MANAGER APSRTC NIZAMABAD [LAWS(APH)-2007-9-119] [REFERRED TO]
E H N REDDY VS. VICE CHAIRMAN AND MANAGING DIRECTOR APSRTC [LAWS(APH)-2006-10-94] [REFERRED TO]


JUDGEMENT

Arijit Pasayat, J. - (1.)Appellant calls in question legality of the judgment rendered by a Division Bench of the Bombay High Court, Nagpur Bench, Nagpur, dismissing the writ petition filed by the petitioner under Article 226 of the Constitution of India, 1950 (in short the Constitution).
(2.)Background facts in a nutshell are as follows :- The appellant applied for appointment as a Constable in Central Reserve Police Force (in short CRPF) and appeared for recruitment test on 1-5-1969. In support of his claim of age he produced a certificate where his date of birth was stated to be 1-1-1959. But in reality as was revealed later, his date of birth was 1-7-1951. Therefore, he was not eligible to be appointed as he was less than 18 years of age. He undisputedly rendered about 27 years of service. But on the basis of certain allegations he faced departmental inquiry. Article of charge reads as follows
"ARTICLE -1

That the said HC No. 690342131 HC Ram Saran of C/45 Bn CRPF has committed an offence on his part that he furnished a false information about his date of birth by making alteration in his school certificate to secure appointment as constable for which he was not eligible in terms of recruitment rules which is punishable under section 11(1) of CRPF Act, 1949 read with Rule 11(2) of CCS (CCA) Rules, 1965."

(3.)The Deputy Commandant 45/BN. CRPF was appointed as Inquiry Officer to conduct the Departmental Enquiry. After enquiry the Inquiry Officer submitted the inquiry report. The Commandant (S.G.), the Disciplinary Authority after considering the report was of the view that the charge official deserves stringent punishment. But keeping in view his long service of 28 years with good grading for the past 10 years, he was inclined to take a lenient view and in purported exercise of power under Section 11(1) of the Central Reserve Police Force Act, 1949 (in short the Act) and Rule 27 of the Central Reserve Police Force Rules, 1955 (in short the Rules) imposed penalty of reduction to the rank of NK (GD) for a period of one year from 10-9-1997 to 9-9-1998 without cumulative effect. The matter was placed before the Deputy Inspector General of Police, C.R.P.F., Nagpur who by order dated 16-1-1998 differed from the proposed punishment and directed dismissal from service. Accordingly, notice was issued to the appellant. After considering the reply the punishment awarded was dismissal from service. The said order was challenged in appeal before the Departmental Appellate Authority which was dismissed. Thereafter, the writ petition was filed, which as noted above was dismissed.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.