Getting Appointment Based On Forged Degree Certificate Is Uncondonable: Supreme Court

The Supreme Court has held that when a candidate's appointment is secured on the basis of a forged educational certificate, the act is “uncondonable” and the dismissal will not be vitiated merely because a full departmental inquiry was not conducted.A bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra restored the dismissal of a Delhi Police constable, observing that once the core allegation of forgery stands unrebutted, the absence of a formal inquiry does not invalidate the termination order. “The further fact which is admitted is that there is absolutely, no rebuttal by the respondent (candidate) that the certificate/degree presented by him before the appellants at the time of his appointment and on the basis of which, he was appointed as a Constable, is genuine.”, observed the Court.“No holding of a departmental inquiry in the particular facts and circumstances of the present case may not be a factor to vitiate the final order of dismissal from service passed against the respondent.”, the court said. The case centred on the respondent's appointment as a Constable in the Delhi Police in 1988. In 1996, a complaint revealed that the degree certificate he submitted during recruitment was forged. The police authorities, instead of initiating a full-fledged departmental inquiry, dismissed him from service in 1997. This dismissal was later challenged and set aside by the CAT, a decision upheld by the Delhi High Court, which remanded the matter back for a full inquiry. Challenging the High Court's decision to remand the matter for full inquiry, the police department appealed to the Supreme Court. Setting aside the High Court's decision, the order pronounced by Justice Amanullah observed that the absence of a full inquiry into dismissal would not be necessary when the foundational fact of forgery was incontrovertible. "The fact that once on the basis of a forged degree/certificate, a person gets appointment in the uniformed service of the country, that being the police, which is supposed to uphold the rule of law, the act of the respondent is uncondonable.", the court said pointing out that the respondent's act of forgery to secure a job of police constable which is meant to uphold the rule of law can't be brushed aside simply because a dismissal order was passed without holding a full-inquiry. Accordingly, the appeal was allowed. Cause Title: COMMISSIONER OF POLICE & ORS. Vs. EX. CT. VINOD KUMARCitation : 2025 LiveLaw (SC) 1117Click here to download orderAppearance: For Petitioner(s) Mr. Vikramjeet Banerjee, A.S.G. (N/P) Mr. Mukesh Kumar Maroria, AOR Mr. Sanjay Kumar Tyagi, Adv. Mr. Rajan Kumar Chourasia, Adv. Ms. Gargi Khanna, Adv. Mr. Annirudh Sharma II, Adv. Ms. Astha Singh, Adv. For Respondent(s) Mr. Ankur Chhibber, Adv. Mr. Yogesh Kumar Mahur, Adv. Mr. Harkesh Prashar, Adv. Mr. Ronak Karanpuria, AOR

Getting Appointment Based On Forged Degree Certificate Is Uncondonable: Supreme Court

Yash Mittal

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