38.6c New Delhi, India, Sunday, May 19, 2024
Judiciary

Army Personnel Discharged over Fake Certificate Claims Reinstated by Supreme Court [Read Judgment]

By Jhanak Singh      12 February, 2024 12:54 PM      0 Comments
Army Personnel Discharged over Fake Certificate Claims Reinstated by Supreme Court

NEW DELHI: The Supreme Court has ordered reinstatement of the four army personnel, discharged for using fake relationship certificates for enrolment, saying they have actually not produced any relationship certificate for selection as they never applied in the reserved category.

"There is no whisper that any inquiry was conducted to ascertain or find out as to whether the appellants had actually produced relationship certificates for the purposes of enrolment /recruitment in the Army,” 

a bench of Justices Bela M Trivedi and Pankaj Mithal pointed out, in a judgment of February 9.

The court noted no finding has been recorded by the respondents that the appellants had as of fact, produced such certificates or that their explanation claiming that no such certificates were furnished by them is completely false.

The bench set aside the Armed Forces Tribunal's order, which refused to interfere with the discharge certificate, dismissing the appellants from service for adopting fraudulent means.

"The tribunal in a casual and routine manner affirmed the discharge/dismissal order simply holding that the relationship certificates produced by the appellants have been found to be fake even upon verification,” 

the bench said.

“The tribunal also seems to have lost sight of the crucial point of the appellants that they have applied under the general category and not as relatives of servicemen/ex-servicemen. They have not produced the alleged certificate(s) which could be held to be fake”, 

the bench added.

The court said the core issue arising in the matter was missed not only by the authorities concerned but by the tribunal as well, therefore the orders of discharge/dismissal of the appellants and that of tribunal stand vitiated for non-consideration of the material aspect.

The bench noted that the respondents have relied upon a newspaper clipping,  dated September 27, 2009, which was neither part of the record before the tribunal or of these appeals but was passed over to it for the purposes of its perusal.  

“The respondents made no efforts to bring it on record at any stage, not even before this court except for placing it across the Bar for our perusal. In such a scenario, it is not at all appropriate for this court to consider and rely upon it,” 

the bench said.

The bench said it is simply a news item published in the newspaper informing that such an exercise for enrolment /recruitment under the unit headquarters quota is going to take place without specifically stating that general category candidates who do not have any relationship with servicemen/ex-servicemen are prohibited or barred from applying.

The court found that appellants brought on record copies of their applications submitted for the purposes of enrolment /recruitment, where they have not claimed status of a relative of servicemen/ex-servicemen, NCC, Sports persons rather they have clearly stated to be of general category.

The order of the Commandant, dismissing the appellants, stated that at the time of enrolment in December, 2009 under the unit headquarters quota at the Maratha Light Infantry Regimental Centre, the relationship certificates of the appellants upon verification from records have been found to be manipulated and false.

The court ordered reinstatement of four personnel with full consequential benefits.

 

[Read Judgment]



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.? How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.?

SHO Bhardwaj was quick to defend the Maulvi in questioning regarding the Mazar but harassed the reported who sought truth. Why did the SHO have to harass a Media reporter when he was doing his job? Who benefits from this? Why is there a Mazar on a flyover? Why is a Minority Welfare development Board in control of so much property? || #Mazar #SHOBhardwaj #Mazar #Mosque #WaqfBoard #Islam #News #Waqf #RemoveSHOBharadwaj

Does the Waqf board hold any relevance in the secular India of today? Does the Waqf board hold any relevance in the secular India of today?

Towards the end of the clip, Advocate Jain can be seen questioning the leaders of our land, the Central Government, and the parliament to look into the above and review such biased provisions for the greater good of all.  In the end, we are made to question if India is a secular country in the true sense of the term, after all! Wakf board land scam, Central Waqf Board, secular India article

TRENDING NEWS

sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM
recovered-direct-chats-between-kejriwal-and-hawala-operators-on-transfer-of-money-ed-claims-before-sc
Trending Judiciary
Recovered direct chats between Kejriwal and hawala operators on transfer of money, ED claims before SC

ED claims to have recovered direct chats between Kejriwal and hawala operators on money transfer in Delhi liquor policy scam; SC reserves judgement on arrest appeal.

18 May, 2024 11:47 AM

TOP STORIES

indian-courts-this-week-law-street-journals-weekly-round-up-of-sc-hcs-may-6-may-10
Trending Judiciary
Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 6 - May 10]

Get the latest updates from India's Supreme Court and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

13 May, 2024 10:29 AM
sc-dismisses-union-govt-plea-against-bail-to-maoist-financer-in-case-of-attack-on-police-party-in-jharkhand
Trending Judiciary
SC dismisses Union govt's plea against bail to Maoist financer in case of attack on police party in Jharkhand [Read Judgment]

SC rejects govt's plea against bail for accused in Jharkhand police attack case, citing absence of violated bail conditions.

13 May, 2024 11:33 AM
supreme-court-upholds-gang-rape-conviction-though-victim-turned-hostile
Trending Judiciary
Supreme Court upholds gang rape conviction, though victim turned hostile [Read Judgment]

SC upholds gang rape conviction despite victim's hostility, affirming witness credibility in criminal trials.

13 May, 2024 12:24 PM
sanatana-dharma-remarks-sc-seeks-response-from-up-maha-ktka-bihar-jamp;k-on-udhayanidhis-plea-for-clubbing-firs
Trending Judiciary
Sanatana Dharma remarks SC seeks response from UP, Maha, Ktka, Bihar, J&K on Udhayanidhi's plea for clubbing FIRs

SC seeks response on Udhayanidhi's plea for clubbing FIRs related to his remarks on 'Sanatan Dharma'.

13 May, 2024 12:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email