Supreme Court set aside judgement of the D.B. special appeal (writ) no.484/2011 of trial court. Which convicted the appellant for alteration in Date of Birth in 8th standard marksheet to attain majority for recruitment for the post of constable under section 420 of IPC and sentenced him for imprisonment of three years along with the fine of Rs.5,000/-. However the the additional district and session judge, Jodhpur, vide judgement dated 24.08.2007 , allowed the criminal appeal and acquitted the appellant. Later that the appellant’s writ petition was also dismissed by the single judge stating that the standard proof in a criminal and departmental proceeding is different. Being aggrieved the appellant appeal before the honorable Supreme Court stating that wether the dismissal from service is justified on the name of departmental enquiry. The writ power of the court to review the Disciplinary action of the Authority is very limited. The scope of enquiry is to wether the decision is legitimate. As the part of the review court exercising the review power wether the disciplinary authority has ignored the evidences and if find the court is not powerless to interfere. In case of acquittal by criminal court not allow the employee to claim benefit, including return to former position. It is important to note that the appellate court on acquittal of the appellant has clearly noticed the document present Exh. P-3- original marksheet of 8th standard, the date of Birth clearly shown was 21.04.1974 and the accused was entitled to get benefit. So, the appellate court clearly shows that the charge against the appellant was not just and not proved. So the court stated that appellant shall be reinstated with all consequential benefit including seniority, notional promotions, fitment of salary and all other benefits. As the backwages are concerned the court award him 50% of the backwages.
Section 420 IPC : Cheating and dishonestly inducing delivery of property
Case Name : Ram Lal v. State of Rajasthan & Ors. 4 December, 2023
Name : Supriya, B.A.LL.B (5TH) Semester, Maharishi University of Information Technology, Intern under legal vidhiya.
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