Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Material evidence Principles of Natural Justice Dismissal from service Service Law Non-consideration of relevant material General category False relationship certificate Relatives of servicemen/ex-servicemen |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Armed Forces Tribunal Act, 2007 (55 of 2007) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Dismissal from service – Allegation of producing false relationship certificate – The appellants contended that they were recruited under the general category and not on priority basis as relatives of any servicemen or ex-servicemen; and they have not produced any relationship certificate and, therefore, they cannot be charged for obtaining enrollment/ recruitment on the basis of fake relationship certificates: Held: The appellants have brought on record zerox copies of their applications submitted for the purposes of enrollment/recruitment – The application(s) nowhere mentions that they have produced any relationship certificate(s) – The application(s) thus clearly establishes that the appellants appear to have applied as a general category candidate(s) against the surplus seats/vacancies remaining unfilled after considering the priority/reserved quota for relatives of servicemen/ex-servicemen, etc – In such a situation, when they have not claimed any enrollment/recruitment on the basis of relationship with servicemen/ex-servicemen, obviously there was no occasion for them to submit any relationship certificate – In the discharge certificate, there is no mention of any inquiry being conducted or find out as to whether the appellants had actually produced relationship certificates for the purpose of enrollment/ recruitment – Tribunal had affirmed the discharge/dismissal order in a casual manner without taking note of the crucial point that appellants had applied under general category and not as relatives of servicemen/ex-servicemen – Thus, the orders of discharge/ dismissal of the appellants stand vitiated for non-consideration of the material aspect – Thus, the discharge/dismissal orders of the appellants set aside. [Paras 17, 19, 20, 24, 27] |
Judge | Hon'ble Mr. Justice Pankaj Mithal |
Neutral Citation | 2024 INSC 95 |
Petitioner | No.2809759h Ex-recruit Babanna Machched |
Respondent | Union Of India And Ors. |
SCR | [2024] 2 S.C.R. 242 |
Judgement Date | 2024-02-09 |
Case Number | 644-645 |
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