The Supreme Court on Friday restored the dismissal of a constable who had joined job Bihar Police under forged identity in 2007 after taking a leave of two days from Jharkhand Police [State of Jharkhand v. Ranjan Kumar]
A Bench of Justice Ahsanuddin Amanullah and Justice R Mahadevan set aside a Jharkhand High Court judgment which had quashed the disciplinary authority's order to dismiss constable Ranjan Kumar from service.
It was found Ranjan Kumar had managed to join Bihar Police as Santosh Kumar after unauthorized absence from Jharkhand Police.
The Court said charges of fraud, impersonation, forgery, cheating, unauthorised absence from duty and violation of service discipline stood proved against him in the departmental inquiry by Jharkhand Police.
"The allegations concern a deliberate and premeditated fraud upon two State police forces, namely the States of Jharkhand and Bihar, by securing or attempting to secure public employment under two different names with inconsistent parentage particulars, supported by fabricated or manipulated documents," it added.
The ruling came on an appeal filed by the State of Jharkhand challenging the judgment passed by a Division Bench of the Jharkhand High Court.
Ranjan Kumar had joined Jharkhand Police as a constable in May 2005. In December 2007, he took a leave of two days and secured employment with Bihar Police under the name of Santosh Kumar.
However, he abandoned his Patna district police duty in January 2008. When his absence led to an inquiry, it was found that Ranjan Kumar and Santosh Kumar were one and the same person.
When the matter reached Supreme Court, Bihar Police was directed to conduct an inquiry into the allegations of forged identities.
The inquiry revealed that the photograph used in both job applications was of the same person. A forensic comparison of fingerprints, biometric records, and photographs established that “Ranjan Kumar” and “Santosh Kumar” were one and the same person.
"Genealogical records and electoral rolls further suggested that the variance in the father’s name and surname formed part of a manipulated
identity trail rather than proof of separate persons," the Bench noted.
Considering the glaring facts, the Court on Friday invoked Article 142 of the Constitution to dismiss Kumar from Bihar police service.
"The material available goes far beyond mere suspicion and reasonably
establishes a conscious course of deceit adopted by Respondent No. 1 for
obtaining employment benefits from two sovereign employers in a disciplined force," the Bench said.
The Court said since the allegations pertain to impersonation, fraud, use of forged credentials, dual employment in police departments and unauthorised absence, Kumar's continuance in service would be wholly detrimental to institutional discipline, public confidence and the credibility of the police force.
Further, the Court observed that the matter was not merely about departmental misconduct.
"The allegations, now reinforced by forensic findings, prima facie disclose the commission of cognizable offences such as cheating, impersonation, forgery, use of forged documents and furnishing false information to public authorities under the Indian Penal Code or the corresponding provisions of the Bharatiya Nyaya Sanhita, as applicable," it said.
Considering the same, the Court directed Bihar and Jharkhand Police authorities to examine the criminal aspect of the case and take appropriate steps in accordance with the law.
The Court reasoned that public employment, particularly in the police service, cannot be converted into an instrument of fraud.
"If individuals entrusted with enforcing the law themselves secure entry into service through deception and fabricated credentials, it would seriously erode the rule of law. In these circumstances, while restoring the disciplinary action, it is both necessary and appropriate to direct initiation of criminal proceedings in accordance with law," the Court said.
[Read Judgment]