- (1.) We have heard Sri Ashok Singh, learned Counsel for the respondent-appellants, Union of India. Sri I.P. Yadav appears for petitioner-respondent Nos. 1 to 3. Sri Manish Kumar, Sri Raju Singh and Sri Hambir Singh the petitioner-respondents, in this Special Appeal were recruited in the Central Reserve Police force (CRPF) on 15.02.2003. While undergoing training, on verification of their educational and castes certificates, under Rule 14 of the Central Reserve Police force Rules, 1965, it was found that the High School Certificate of Sri Manish Kumar was forged, and the caste certificates produced by Sri Raju Singh and Sri Hambir Singh were also forged documents and were never issued by the respective Tehsildars. Their services were terminated by the Commandant 151st Battalion CRPF, Kratkhati, Assam on 28.2.2004 under the Central Civil Service Temporary Service) Rules, 1965 with effect from the date of expiry of one month, from the date of service of notice. The petitioners filed a Writ Petition No. 18832 of 2004, which was dismissed on the ground of alternate remedy of review. In pursuance of the judgement of this Court dated 14.5.2004, the review petitions filed by the petitioner-respondents were decided by the Inspector General of Police, NES, CRPF, Shillong (Head Office of the Department).
(2.) In the order dated 19.8.2004 rejecting the joint review petition, the Inspector of General Police, NES, CRPF, Shillong. recorded that the petitioners hail from Agra, Uttar Pradesh, but they were enlisted in CRPF from Shivpuri, Madya Pradesh in deviation of domiciliary norms. The certificates produced by them were verified from respective issuing authority and were found to be fake. Producing fake certificates to secure appointment is itself fraud, and the petitioners were accountable to face the consequence of fraudulent practice. They deliberately suppressed the factual information despite the statutory warning. The Government servants indulging in such fraudulent practice cannot be retained in service. He also found that in the opinion of the appointing authority, on account of production of false certificates, they were not fit to be retained in Government service. Since they were probationers/temporary Government employees, Rule 5 (1) of the CCS (TS) Rules, 1965 were adopted for terminating their services. In para 3 of the review order, the Inspector General of Police observed that Petitioners Sri Manish Kumar, Sri Raju Singh and Sri Hambir Singh had not brought out any other convincing or extenuating circumstances or facts for consideration of the reviewing authority. He did not interfere with the order of the appointing authority.
(3.) In the writ petition filed by the petitioners and in their rejoinder affidavit to the counter affidavit of Appellants-respondents, the petitioners not specially plead or assert that their educational and caste certificates were forged. They only insisted that the orders terminating their services are liable be set aside on the ground that they were not afforded opportunity of hearing before terminating their services.;