Supreme Court Reinstates Four Dismissed Ex-Army Personnel, No Material That The Appellants Had Produced Any Relationship Certificate To Obtain Enrolment

In a significant verdict, the Supreme Court today reinstated four ex-army personnel who had been dismissed on the grounds of fraudulent enrollment. The bench, comprising Justices Bela M. Trivedi and Pankaj Mithal, found the dismissal orders to be lacking substantial evidence, especially regarding the alleged production of fake relationship certificates.

Legal Point of the Judgment: The Court focused on the principle of fairness in administrative actions, particularly in the context of dismissals based on allegations of fraud. The judgment underscores the necessity of a thorough inquiry and substantial evidence before concluding any fraudulent activity in recruitment processes.

Facts and Issues: The appellants were recruited under the Unit Headquarters Quota and later dismissed for allegedly using fake relationship certificates. The core issue revolved around whether the appellants had indeed applied as general category candidates and whether they had furnished any such fraudulent certificates.

Court’s Assessment: Justice Pankaj Mithal observed, “There is no material on record to establish that the appellants had produced any relationship certificate to obtain enrollment.” The Court criticized the lack of an inquiry or a finding establishing the actual production of such certificates by the appellants. The judgment highlighted, “An order passed without consideration of the material evidence or the plea would be violative of Principles of Natural Justice.”

Legal Principles and Law: The judgment referred to precedents like S.N. Mukherjee vs. Union of India and Mohinder Singh Gill vs. Chief Election Commissioner, emphasizing the importance of considering all relevant materials and evidences in administrative decisions.

Decision: The Supreme Court set aside the dismissal orders dated May 9, 2013, and the judgments of the Armed Forces Tribunal, ordering the reinstatement of the appellants with all consequential benefits.

Date of Decision: February 9, 2024.

Ex-Recruit Babanna Machched & Ors. Vs. Union of India and Ors.