W.P.(C)/12007/2015 of MAHIPAL SINGH Vs UNION OF INDIA & ORS

IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P.(C) 12007/2015

MAHIPAL SINGH

..... PetitionerThrough:Mr. Ashwini Kumar Mishra andMr. Paritosh Kumar Singh,Advocates

versus

UNION OF INDIA & ORSThrough:Ms.Prerna Mehra, Advocate forrespondents No.1 to 5

.....Respondents

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLIHON'BLE MR. JUSTICE SUNIL GAUR

O R R%11.03.2016

C.M.31851/2016 (Exemption)

Allowed subject to all just exceptions.

W.P.(C) 12007/2015 & C.M.31850/2015 (Stay)

1.The present petition has been filed by the petitioner praying interalia for quashing of the charge-sheet dated 17[th]August, 2014 (signed on17[th]August, 2015) [Annexure-16], issued by the respondent No.4,levelling allegations of serious misconduct against him includingmisleading the administration, making false declaration and inaccuratestatements in violation of the RPF Rules, 1987.

2.At the outset, Ms. Mehra, learned counsel for the respondentsstates that the present petition is premature for the reason that without

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approaching the respondents No.1 to 3 for requesting them to stay theirhands till the petitioner approaches the Scrutiny Committee constitutedby the State of Rajasthan in terms of the directions issued by the SupremeCourt in the case of Kumari Madhuri Patil and Another v. Addl.Commissioner, Tribal Development and Othersreported as (1994) 6 SCC241 and reiterated in the cases of Baswant v. State of Maharashtrareported as (2007) 12 SCC 800 and Dayaram v. Sudhir Batham and Ors.reported as (2012) 1 SCC 333, wherein the procedure for issuance ofsocial status certificates, their scrutiny and approval, has been laid down,the petitioner has rushed to the court.

3.It is stated by learned counsel for the respondents that in thepresent case, at the time of his appointment to the post of Constablewith the Railway Protection Special Force (RPSF), the petitioner hadsubmitted caste certificate dated 1/9/1999, issued by the Tehsildar,Tehsil Mahwa, District Dausa, Rajasthan, which was duly accepted.Based on the said caste certificate, the petitioner was appointed as aConstable on 10[th]September, 2007. After sometime, in the year 2011, theCommanding Officer of the 1[st]Battalion RPSF, Lumding, who was alsothe Commanding Officer of the petitioner’s brother, Vinay Kumar andhad submitted similar caste certificate, had directed verification of thesaid caste certificate. In the course of the verification, it had transpiredthat both, the petitioner and his brother, Vinay Kumar had submittedcaste certificates obtained from the Tehsildar, Tehsil Mahwa, DistrictDausa, Rajasthan claiming to belong to Meena community whereas, theywere actually residing in village Jhirazpur P.S., Ahmadgarh, DistrictBulandshahr.

W.P.(C) 12007/2015

4.Subsequently,on28/29[th]September,2011,basedonthecontradictory reports received from the District Magistrate and AdditionalDistrict Magistrate, Dausa, Rajasthan about the genuiness of the saidcastecertificates,inquiryproceedingswereinitiatedagainstthepetitioner. Before initiating the inquiry proceedings, show-cause noticewas issued to the petitioner on 29[th]February, 2012, and he had submitteda reply on 18[th]March, 2012. Thereafter, the respondents proceeded toissue the impugned charge-sheet.

5.Learned counsel for the petitioner submits that the action ofrespondents of issuing the charge-sheet to the petitioner withoutforwarding the caste certificate submitted by him to the ScrutinyCommittee of the Rajasthan State, is patently illegal and arbitrary.

6.Counsel for the respondents submits that to cut short thecontroversy, the respondents are willing to refer the aforesaid castecertificate submitted by the petitioner to the Scrutiny Committeeconstituted by the Rajasthan State Government for obtaining report.

7.In view of the aforesaid submission, it is deemed appropriate todispose the present petition with directions issued to the respondentsNo.1-5 to forward the caste certificate submitted by the petitioner, at thetime of his appointment to the post of Constable with the R.P.S.F., tothe Scrutiny Committee constituted by the Rajasthan State Governmentand obtain report. Till report is submitted by the Scrutiny Committee,the respondents shall stay their hands in respect of the inquiryproceedings initiated against the petitioner on the basis of the charge-sheet dated 17[th]August, 2015.

8.Immediately upon the respondents No.1 to 5 forwarding the said

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caste certificate of the petitioner for verification to the ScrutinyCommittee, it shall examine and verify the same and submit its report tothe respondent No.5 as expeditiously as possible, and preferably withinsix weeks from the date of receipt thereof.

9.The respondents No.1 to 5 shall forward copy of this order to theoffice of the Scrutiny Committee, Government of Rajasthan, for perusaland compliance.

10.The petition along with the pending application is disposed of.

HIMA KOHLI, J

MARCH 11, 2016s

SUNIL GAUR, J