Case Note & Summary
The petitioner, Mallena Gurumurthy, was a Constable in the Central Industrial Security Force (CISF) posted at the Neyveli Lignite Corporation (NLC) unit. He was issued a charge memorandum under Rule 36 of the CISF Rules, 2001, alleging that he had secured appointment against a Scheduled Tribe (ST) vacancy based on a false caste certificate purportedly issued by the Mandal Revenue Officer (MRO), Palasa, dated 15.03.1990, declaring him as belonging to the Savarakapu Tribe. Subsequent investigation revealed that the certificate was not issued by the MRO, Palasa, and the Tahsildar, Palasa, reported that no persons of the Savarakapu ST community resided in Mamidipalli Village. Disciplinary proceedings were initiated. The petitioner was served with notices for the enquiry but did not attend, citing jaundice. He was granted a final notice on 03.07.2008, which he received on 11.07.2008. The enquiry was re-fixed on a day-to-day basis, but the petitioner again sought adjournment on medical grounds. The enquiry proceeded ex-parte, and the petitioner was dismissed from service by order dated 14.11.2008. His appeal to the Deputy Inspector General was dismissed on 19.02.2011, and his revision to the Inspector General was dismissed on 29.06.2011. The petitioner challenged these orders by way of a writ petition under Article 226 of the Constitution. The court heard arguments from both sides. The petitioner's counsel argued that the dismissal was based on an ex-parte enquiry without proper opportunity. The respondents' counsel supported the orders. The court examined the record and found that the petitioner had been given sufficient opportunities but had chosen not to participate. The court noted that the caste certificate was clearly fake as per the Tahsildar's report, and the petitioner had not produced any evidence to the contrary. The court held that the disciplinary authority had correctly concluded that the certificate was false and that the petitioner's non-participation was deliberate. The court found no violation of natural justice and dismissed the writ petition, upholding the dismissal.
Headnote
A) Service Law - Disciplinary Proceedings - Caste Certificate Fraud - Rule 36 of CISF Rules, 2001 - Petitioner, a Constable in CISF, was dismissed for producing a false ST caste certificate - Enquiry was conducted ex-parte as petitioner failed to participate despite notices - Court held that the disciplinary authority had sufficient material to conclude that the certificate was fake, and the petitioner's non-participation was deliberate - Dismissal upheld (Paras 2-6).
Issue of Consideration
Whether the dismissal of the petitioner from service on the ground of producing a false ST caste certificate is sustainable in law, and whether the disciplinary proceedings were vitiated by violation of natural justice.
Final Decision
The writ petition is dismissed. The orders of dismissal, appeal, and revision are upheld.
Law Points
- Disciplinary proceedings
- Caste certificate fraud
- Ex-parte enquiry
- Natural justice
- Rule 36 CISF Rules 2001
