Public employment cannot be converted into instrument of fraud: SC upholds constable's dismissal

Observing that public employment, particularly in the police force, cannot be converted into an instrument of fraud, the Supreme Court on Friday restored the dismissal of a Jharkhand constable accused of impersonation, fraud, and dual employment.

Observing that public employment, particularly in the police force, cannot be converted into an ''instrument of fraud'', the Supreme Court on Friday restored the dismissal of a Jharkhand constable accused of impersonation, fraud, and dual employment. In this case, the accused, Ranjan Kumar, was appointed as a constable in Jharkhand Police on May 18, 2005. While serving at Dhurki Police Station as a reserve guard, he was granted compensatory leave for two days from the afternoon of December 20, 2007, till December 23, 2007, but failed to rejoin duty on December 23, 2007, and remained unauthorisedly absent. During this period, Kumar allegedly secured an appointment as a constable in the Bihar Police under the name Santosh Kumar by using forged certificates and fabricated credentials. It is further alleged that without any information or permission, he abandoned duty from the Patna district police on January 6, 2008. An enquiry later found that Ranjan Kumar and Santosh Kumar were the same person. The top court remarked that a member of the police force is expected to maintain the highest degree of integrity, honesty, and discipline, adding that fraud at the threshold of entry into service strikes at the very root of public employment. A bench of Justices Ahsanuddin Amanullah and R Mahadevan said the material available goes far beyond mere suspicion and reasonably establishes a conscious course of deceit adopted by the accused for obtaining employment benefits from two sovereign employers in a disciplined force. ''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 bench said. The apex court rejected the submission of the accused that some witnesses were not examined, or certain documents were not formally proved. ''Departmental enquiries are not criminal trials. So long as a fair opportunity is afforded and the conclusion is based on relevant material having probative value, the court would not interfere. ''In the present matter, Respondent No. 1 was served with a charge memorandum, furnished with the materials relied upon, permitted to submit his defence, supplied with the enquiry report and heard at every departmental stage,'' it said. The top court said since the allegations levelled against the accused pertain to impersonation, fraud, use of forged credentials, dual employment in police departments, and unauthorised absence, the continuance of such an employee in service would be wholly detrimental to institutional discipline, public confidence, and the credibility of the police force. It said the order of dismissal passed against him was a proportionate and justified administrative measure arising out of a fair and lawful enquiry. ''We are further of the considered view that the matter does not rest merely within the realm of departmental misconduct. The allegations, now reinforced by forensic findings, prima facie disclose the commission of cognisable 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. ''Accordingly, the Director General of Police, Bihar and the Director General of Police, Jharkhand, shall ensure that the matter is examined by the competent jurisdictional police authority and appropriate steps be taken, in accordance with law,'' the bench said.