Synopis - Ajay Mandrah V Uoi

IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. Civil Writ Petition No. ______/2024
Ajay Mandrah
Vs.
Union if India and others
SYNOPSIS
1. That the petitioner is a ex constable who was removed from service dated 10.11.2022
after conductance of inquiry on him by petitioner no.4.
2. The petitioner belongs to a Schedule caste community, the petitioner was initially
appointed on the post of constable on 23.01.2006 by CRPF
3. At the time of introduction in service the petitioner was to submit an caste certificate.
Therefore he approached the Tehsildar, Chhindwara, the Tehsildar prepared a
temporary caste certificate whose validity was till six months. The temporary caste
certificate was issued on 4.7.2005
4. In relation to temporary caste certificate the Tehsildar, Chindawara on 8.11.2005,
issued another certificate.
5. After that the department under which the petitioner was giving his services raised
doubts about the temporary caste certificate, the petitioner applied and approached the
office of Sub Divisional Officer (Revenue), Tehsil Chindwara, District Chindwara
(Madhya Pradesh) and obtained a permanent caste certificate dated 28.7.2021.
6. The non-petitioners departmental authorities after receiving the permanent caste
certificate sent an officer for verification to the office of Tehsildar, Chindwara where
the latter also mentioned that the temporary caste certificate is valid for six months as
per the provisions. The answer was written and sent by Tehsildar dated 25.2.2022 to
the Dy. Inspector General, CRPF, Ajmer.
7. The petitioner issued a memorandum in which he was leveled with charge that he
violated Sec. 11(1) of CRPF Act, 1949 and Rule 27 of CRPF Rules, 1955, (addition
of other charges from point 8) stating that the certificate which he produced before
the same authority after investigating with Tehsildar, Chindwara was found to be
false/fake and the act done by petitioner is against the code of conduct of the CRPF.
8. After completing the inquiry the petitioner no. 4 issued an order dated 10.11.2022,
whereby the petitioner was relinquished from his service.
9. On 15.11.2022 the petitioner submitted an appeal before non-petitioner no.3 which
was received by the same on dated 17.11.2022 and the same appeal was rejected vide
order on 7.12.2022
10. After being rejected the appeal before non-petitioner no.3, the petitioner approached
the Hon’ble High Court of Madhya Pradesh Principal seat of Jabalpur. The same
Hon’ble High Court on date 17.8.2023 dismissed the appeal of petitioner on the
ground of lack of territorial jurisdiction and the liberty was given to petitioner to
approach the appropriate court for redressal of his grievance.
11. The impugned order as it was passes from Ajmer, Rajasthan and the office of non-
petitioner authority is at Ajmer, the Hon’ble High Court of Rajasthan, Jaipur Bench
has jurisdiction to hear and decide the present writ petition.
My observations-
 The removal of a personnel from his service on the basis of any such document which is
found to be fake/false/forged should not be time barred and if found guilty irrespective of
time till the retirement the same can be removed from service or appropriate punishment
should be given according to the by-laws which govern that particular department.
 The timeframe for producing the temporary caste certificate document was already over if we
take the certificate which was issued dated 4.7.2005.
 The validity of the temporary caste certificate is six months if we take the consideration of
second certificate which was issued on 8.11.2005 then six were already exhausted long back
when he produced permanent caste certificate on 28.7.2021 from this it clearly indicates that
the petitioner had no intention of producing the permanent certificate till the time which he
asked by the authorities to do the same. This indicates that the petitioner purposefully hid
information and didn’t obtained and produced the same in time which was to be done
according to the by-laws of the CRPF.

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IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN AT JAIPUR BENCH, JAIPUR

S.B. Civil Writ Petition No. ______/2024

Union if India and others

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