The Supreme Court has upheld the dismissal of a Delhi Police constable who got his job using a fake educational certificate. The Court said that using forged documents to enter public service is a serious wrongdoing and does not require a full departmental inquiry before removing the employee.
A Bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra restored the original dismissal order and overturned the decisions of the Central Administrative Tribunal and the Delhi High Court. Both bodies had earlier ordered a fresh inquiry into the case.
The constable had joined the Delhi Police in 1988. Years later, in 1996, a complaint claimed that the mark sheet and degree he submitted during recruitment were fake. When the issuing authority verified the documents, they confirmed that the certificate was forged. Based on this, the department dismissed him on 4 February 1997 without holding a detailed inquiry, stating that his appointment itself was invalid.
The Supreme Court disagreed with the view taken by the CAT and the High Court that a full inquiry was necessary. The Bench stressed that when someone enters government service through fraud, especially in the police force, there is no need for a prolonged inquiry once the document is proven fake.
During the hearing, the respondent’s lawyer was allowed to inspect the original records and the verification letter confirming the certificate was fabricated. The Court noted that the respondent did not provide any proof to show that his certificate was genuine.
The Court said that the police force cannot be staffed by someone who secured the job by deception. Since the facts were clear and undisputed, the dismissal was valid even without a full departmental inquiry.
The Supreme Court allowed the appeal, set aside the orders of the CAT and the High Court, and restored the original dismissal. Pending applications were also closed.
Case Title: Commissioner of Police & Ors. v. Ex. Ct. Vinod Kumar, SLP(C) No. 24705 of 2023