NEW DELHI: The Supreme Court has issued an order for the reinstatement of four army personnel who were discharged for utilizing fake relationship certificates during enrolment. The court emphasized that the individuals had not applied in the reserved category and had not presented any relationship certificates for selection.
The bench comprising Justices Bela M Trivedi and Pankaj Mithal observed in a judgment dated February 9 that there was no indication of any inquiry conducted to verify whether the appellants had indeed submitted relationship certificates for enrolment in the Army. The court highlighted the absence of findings by the respondents confirming the appellants’ presentation of such certificates or the falsity of their claim that no such certificates were provided.
The court set aside the order of the Armed Forces Tribunal, which had upheld the discharge certificates and dismissal of the appellants from service on the grounds of fraudulent means. The bench criticized the tribunal for casually affirming the discharge/dismissal order without adequately considering the appellants’ argument that they had applied under the general category, not as relatives of servicemen/ex-servicemen.
The court pointed out that the core issue in the matter was overlooked by both the authorities and the tribunal. Consequently, the orders of discharge/dismissal were deemed vitiated for non-consideration of this crucial aspect.
Regarding the reliance on a newspaper clipping dated September 27, 2009, by the respondents, the court expressed disapproval, noting that it was not part of the tribunal’s record or the appeals. The bench rejected considering the news item, emphasizing that it was merely an informational piece and did not specifically prohibit general category candidates from applying.
The court found that the appellants had submitted copies of their applications, clearly stating their general category status and not claiming any relationship with servicemen/ex-servicemen, NCC, or sports persons.
Consequently, the court ordered the reinstatement of the four personnel with full consequential benefits.
