Dismissal from service for fraudulent enrollment justified, does not call for judicial intervention: AFT

Vijay Mohan

Chandigarh, February 26

The Armed Forces Tribunal had held that dismissal of a soldier from service on grounds of admittedly fraudulent enrollment is justified and does not call for judicial intervention.

“It is clear that where admittedly the initial enrollment is fraudulent, then the relationship of master and servant from the very inception becomes illegal and therefore, the petitioner cannot claim any benefit of any procedural defects provided in the Army Act,” the Tribunal’s Bench comprising Justice Ravindra Nath Kakkar and Maj Gen Sanjay Singh said while referring to a judgement of the Supreme Court in a similar matter.

The Tribunal dismissed a petition filed by a soldier, challenging his removal from service by a summary court martial after rendering seven years and nine months of service when it came to light that he had submitted fake school certificates and marksheets at the time of enrollment.

Following a complaint, the matter was investigated by the army. During a court of inquiry, the soldier had pleaded guilty to the charges levelled against him and he was dismissed from service under provisions of Army Rule 115 (2) and 2 (A). A statutory complaint submitted before Chief of the Army Staff against the proceedings was also rejected by a reasoned and speaking order.

The soldier was charged under Army Act Section 44 for making false answers to questions set forth in the prescribed form of enrolment. He was enrolled by producing false and fake SSC certificates. When the army authorities verified the certificates, it was revealed that the marks sheet of matriculation submitted by the soldier was fake.

The Bench observed that in addition, the soldier also managed a fake verification report from the school in his favour. “Thus, his good character was of no relevance to condone his offence of fraudulent enrolment,” the Bench held.

The Tribunal further referred to another Supreme Court order that had held that producing a false or fake certificate is a grave misconduct and dismissal of service is a justified punishment in such cases.

“The question is one of trust. How can an employee who has produced a fake and forged marksheet or certificate, that too, at the initial stage of appointment be trusted by the employer? Whether such a certificate was material or not and/or had any bearing on the employment or not is immaterial. The question is not of having an intention or ‘mens rea’. The question is producing a fake or forged certificate. Therefore, in our view, the disciplinary authority was justified in imposing the punishment of dismissal from service,” the Apex Court had ruled.