Ashok Kumar vs Govt. Of NCTD And Ors

K.N. Shrivastava, Member (A)

Heard.

Issue notice. Ms. Harvinder Oberoi, learned Additional Standing Counsel, accepts notice on behalf of the respondents.

The applicant is employed in Delhi Police as Constable. He was appointed to the said post on 01.10.2012.

A complaint was received that the applicant has secured employment in Delhi Police by furnishing fake 10th and 12th classes educational certificates. The Disciplinary Authority vide order dated 24.08.2016 suspended the applicant with effect from 10.08.2016.

The Disciplinary Authority vide Annexure A-1 order dated 22.12.2016 initiated disciplinary proceedings, which was followed by issuance of summary of allegations dated 05.01.2017 (page 19). It is stated in the summary of allegations that the respondents have verified the authenticity of 10th and 12th educational certificates furnished by the applicant from U.P. Board, who have confirmed that these certificates are not on their record.

Shri Sachin Chauhan, learned counsel of the applicant, giving background of the case, submitted that Delhi Police had received a complaint wherein it was alleged that a gang was operating to secure appointments in various Govt. departments, including Delhi Police, for which it was extracting huge sum of money from aspiring candidates. A criminal case has been filed in the matter. During the course of investigations, it was mentioned by one of the accused persons that the applicant too had secured his appointment in Delhi Police through fake certificates. Shri Chauhan, drawing our attention to averments in paras 5.3 and 5.5 of the OA, argued that in two identical cases, qua the same incident, in the cases of Constable Vijay and Constable Vinod, the disciplinary enquiry proceedings have been stayed by the Tribunal and by the department respectively. He further submitted that since the criminal case filed against the activities of the gang is under investigation, hence the continuance of the departmental proceedings against the applicant would force him to adduce evidence in his support which could be mis-utilized by the vested interests in the criminal case. He thus prays for granting stay against the ongoing departmental proceedings against the applicant as has been done in the cases of Constable Vijay and Constable Vinod.

We notice from the records that the very basis for starting the departmental proceedings against the applicant is that the respondents have verified the authenticity of 10th and 12th classes educational certificates of the applicant with U.P. Board, who have confirmed that these certificates are not on their record. Hence, prima facie a case is made out against the applicant of securing employment on false educational certificates.

In this view of the matter, we decline to intervene in this case at this stage. Let the applicant defend himself in the disciplinary proceedings and vindicate himself.

With the above observations, the OA is dismissed. No costs.