Santosh Sardar vs Union Of India & Ors on 1 April, 2026

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    Calcutta High Court (Appellete Side)

    Santosh Sardar vs Union Of India & Ors on 1 April, 2026

    Author: Amrita Sinha

    Bench: Amrita Sinha

                              IN THE HIGH COURT AT CALCUTTA
                                Constitutional Writ Jurisdiction
                                        Appellate Side
    
    Present :-     Hon'ble Justice Amrita Sinha
    
    
                                     WPA 25583 of 2022
    
                                       Santosh Sardar
                                              Vs.
                                     Union of India & Ors.
    
    For the writ petitioner             :-   Mr. Ujjal Ray, Adv.
                                             Mr. Binit Kumar, Adv.
    
    For the Union of India              :-   Mr. Ajit Kumar Chaubey, Adv.
    
    Heard on                            :-   18.03.2026
    
    Judgment on                         :-   01.04.2026
    
    Amrita Sinha, J.:-
    
    
     1.    The petitioner was serving in the Border Security Force (BSF) as
    
           Constable (general duty). He joined service on 28th February, 1989. At
    
           the time of document and character verification from the office of the
    
           District Magistrate, North 24 Parganas, Barasat, the authority was
    
           informed that no such person can be traced. A criminal case was
    
           registered against him in year 2002 u/ss. 458/420 IPC. The petitioner
    
           was arrested on 11th March, 2002 and released on bail on 26th April,
    
           2002.
    
    
     2.    A Petty Security Force Court proceeding was initiated against him in
    
           the year 2021 on five charges. He was found guilty in respect of two of
    
           them and was dismissed from service on 15th May, 2021. Appeal
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         preferred against the order of dismissal was rejected by the Inspector
    
         General on 20th July, 2021 and post confirmation appeal before the
    
         Director General also stood rejected on 4th December, 2021.
    
    
    3.   The petitioner is aggrieved by the same and prays for a direction upon
    
         the authority to set aside the entire proceeding as the same is contrary
    
         to the Border Security Force Act, 1968 hereinafter referred to as 'the
    
         Act' for the sake of brevity.
    
    
    4.   The primary ground for challenge of the proceeding is the lackadaisical
    
         attitude of the authority in initiating the proceeding long after the
    
         petitioner joined service. The cause of action for issuing the charge
    
         sheet arose at the time of entry of the petitioner in the Force in the
    
         year 1989; whereas the proceeding which led to his dismissal was
    
         initiated only in the year 2001 and the order of dismissal passed in the
    
         year 2021. By the said time the petitioner had already served the
    
         Force for nearly 32 years and is at the verge of his superannuation in
    
         the year 2027.
    
    
    5.   It has been contended that had the authority detected the guilt of the
    
         petitioner at the very initial stage, he could have found some other job
    
         to sustain his life and living. He has a son who is suffering from
    
         thalassemia and a huge amount of money is required for his treatment
    
         on regular basis.
    
    
    6.   It has been submitted that the allegation against the petitioner
    
         regarding forgery of mark sheet could not be conclusively established
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         at the time of enquiry as the headmaster of the school, at the time of
    
         cross-examination, was unable to prove his own identity of being the
    
         headmaster of the school. Contention of the petitioner is that if the
    
         person deposing against him does not have the right or authority to
    
         depose, then the evidence given by such person cannot be relied upon.
    
    
    7.   It has been argued that as the person deposing as headmaster did not
    
         have any knowledge of the facts and circumstances of the case, his
    
         evidence cannot be taken into consideration.
    
    
    8.   It has been argued that the punishment imposed upon the petitioner
    
         after blemish free service in the Force for more than three decades, is
    
         harshly disproportionate.
    
    
    9.   Prayer has been made to set aside the entire proceeding resulting in
    
         the impugned punishment, or if punishment is at all to be imposed,
    
         then a minor punishment may be considered for imposition.
    
    
    10. In support of the prayer made herein above, learned advocate for the
    
         petitioner relies on the order dated 10th October, 2024 passed by the
    
         Hon'ble High Court of Judicature for Rajasthan at Jodhpur in S.B.
    
         Civil Writ Petition No. 17863/2022 (Prithvi Raj vs. The State of
    
         Rajasthan & Ors.) wherein, on similar facts, the Court was pleased
    
         to opine that the punishment of removal from service after thirty-eight
    
         years of service on allegation of submitting forged mark sheet at the
    
         time of entry in service is excessive and not commensurate with the
    
         misconduct committed by the charged officer.
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    11. The submission and prayer of the petitioner is opposed by the learned
    
        advocate representing the respondents. The report on affidavit filed by

    the Deputy Inspector General, Sector Headquarter, Border Security

    Force has been relied upon.

    SPONSORED

    12. The report mentions that the petitioner was enrolled in BSF as

    Constable (general duty) on 28th December, 1989. After completion of

    his basic training, he was posted to 63Bn BSF where he served from

    October, 1990 to June, 1995. He was thereafter posted to Water Wing

    BSF, Srinagar from June, 1995 to March, 1998. Thereafter he was

    posted to Water Wing, Madhopur.

    13. The documents relied upon by the petitioner at the time of entry in

    service were forwarded for verification to the competent authorities. In

    1992 an information was received from the District Magistrate, North

    24-Parganas, Barasat mentioning that after proper verification, it has

    been established that the petitioner was not a student of the school

    mentioned in the certificate relied upon by him. The certificate was

    again sent to the authority for re-verification.

    14. When the petitioner was posted in Madhopur, during scrutiny of his

    service records, it was revealed that the character and antecedents of

    the petitioner had not been verified. The credentials of the petitioner

    were again sent to the District Magistrate, North 24-Parganas for

    verification. The Deputy Inspector General of Police (IB), West Bengal,

    by memo dated 15th November, 2000, requested Water Wing,
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    Madhopur to forward photocopy of the admit card, mark sheet and the

    school certificate of the petitioner for necessary examination.

    15. The petitioner was asked to produce his original documents but he did

    not submit the same on time. The petitioner, on 23rd April, 2001,

    addressed a letter to the Commandant HQ Water Wing, Madhopur

    stating that he completed his education from Deoganga, district North

    24-Parganas and requested the authority to verify the same.

    16. On the basis of such request the authority again approached the

    District Magistrate, North 24-Parganas for verification of the character

    and antecedents of the petitioner at the address mentioned by him.

    Photocopy of the Madhyamik admit card, mark sheet and the school

    certificates submitted by the petitioner were forwarded for verification.

    By a communication dated 18th September, 2001, the District

    Magistrate, North 24-Parganas intimated that, no such person could

    be traced out and he was not a student of the school as mentioned in

    the attestation form.

    17. The petitioner was arrested by the police in March, 2002 for producing

    false admit card and mark sheet at the time of enrolment in BSF and a

    criminal case under Sections 468/420 IPC was registered against him.

    On account of his arrest the petitioner was placed under suspension

    on 12th April, 2002 and he re-joined duty on 3rd June, 2002 after

    overstaying his leave for 28 days.

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    18. The authority in July, 2002 again approached the Secretary

    (Examination) of the West Bengal Board of Secondary Education for

    verification of the educational documents of the petitioner but no

    fruitful result was obtained. The petitioner was found to have

    committed offence under Section 23 of the Border Security Force Act,

    1968 for providing false answer on enrolment and disciplinary

    proceeding was initiated against him.

    19. During Record of Evidence (ROE) the petitioner admitted that in 1986

    he appeared in the secondary examination but he failed in the same.

    As he belonged to a very poor family and his father was not alive, he

    solely had to take the responsibility of the entire family including his

    widow mother, wife, brother and two sisters. He was not in a position

    to re-appear in the matriculation examination. The petitioner

    submitted that he may be awarded any punishment except dismissal

    from service as he had crossed the age to get any job.

    20. Relying upon Section 80 of the Act, a prayer was made by the

    authority before the Criminal Court where the criminal case against

    the petitioner was pending to try the said case before the Security

    Force Court (SFC). Challenging the steps taken to transfer the criminal

    proceeding to SFC, the petitioner approached the High Court of

    Punjab and Haryana by filing Civil Writ Petition No. 9768 of 2003

    seeking for an order to restrain transfer of the criminal proceeding to

    SFC. Vide order dated 14th October, 2003, the said writ petition stood

    dismissed as ‘infructuous’.

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    21. When the process for transfer of the criminal case to SFC was pending

    before the Sub-Divisional Judicial Magistrate, Barasat, the petitioner

    filed an application under Article 227 of the Constitution of India

    before this Court being CRR 468 of 2005 on 18th February, 2005. The

    Hon’ble Court vide order dated 21st February, 2005 was pleased to

    stay all further proceeding pending in the learned Trial Court till

    disposal of the Criminal Revision Application.

    22. The learned Sub-Divisional Judicial Magistrate, Barasat, on perusal of

    the stay order passed by the Hon’ble High Court, rejected the prayer

    for transfer of the criminal case by passing order on 20th March, 2005.

    23. The petitioner tendered application seeking voluntary retirement on

    three occasions with effect from 31st January, 2013, 30th June, 2015

    and 31st January, 2019 but due to the pendency of the

    criminal/disciplinary proceeding against him, his application was not

    accepted.

    24. Vide order dated 18th September, 2019, CRR 468 of 2005 with CRAN

    5557 of 2017 stood dismissed directing the authority to proceed with

    the disciplinary proceeding. After dismissal of CRR 468 of 2005 an

    application under Section 80 of the BSF Act was again filed before the

    learned Court at Barasat and the said application stood allowed. The

    original educational certificates were received by the authority from

    the Trial Court in September, 2020.

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    25. Though initially ROE was conducted in respect of only one charge

    under Section 23 of the Act, but as before the learned Criminal Court,

    Barasat charge sheet was filed against the petitioner under Sections

    463/468/471/420 IPC, as such, fresh disciplinary proceeding had to

    be initiated against the petitioner. The petitioner was tried by a Petty

    Security Force Court (PSFC) with effect from 30th April, 2021 to 15th

    May, 2021 in respect of five charges, out of which. two charges stood

    proved, and he was sentenced to be dismissed from service and to

    suffer imprisonment for fifteen months.

    26. The pre-confirmation petition filed by the petitioner stood rejected and

    the confirming authority affirmed the findings and sentence of the

    disciplinary authority but the sequence of the sentence stood changed.

    The petitioner was sentenced to suffer rigorous imprisonment for

    fifteen months and to be dismissed from service. The petitioner was

    dismissed from service with effect from 15th May, 2021 and taken into

    custody on 4th August, 2021.

    27. According to the respondents the sentence imposed upon him is just

    and proper. Prayer has been made to dismiss the writ petition.

    28. I have heard and considered the rival submissions made on behalf of

    both the parties.

    29. On perusal of the documents annexed to the writ petition it appears

    that the petitioner was provided sufficient opportunities to disprove

    the allegations levelled against him which he failed to do. On the
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    contrary, he admitted his guilt and accepted that he failed in the

    secondary examination and was not in a position to re-appear in the

    said examination. Being aware of the fact that he was ineligible to get

    into service, the petitioner fraudulently forged his mark sheet and

    produced the same at the time of credential verification.

    30. As the documents relied upon by the petitioner were not found in the

    records of the authority, the petitioner was asked to provide originals

    of the same. On further verification of his educational certificates, the

    documents relied upon by him could not be traced out. It is only then

    that the authority came to a conclusive finding that the concerned

    documents were forged ones.

    31. The submission of the petitioner that the evidence of the headmaster

    cannot be relied upon cannot come to his aid. According to the law of

    evidence, facts admitted need not be proved. Here, the petitioner

    himself accepted and admitted that the documents relied upon by him

    were not genuine. The investigating agency verified the documents

    from its source, i.e. the West Bengal Board of Secondary Education

    and was unable to find out the document relied upon by the

    petitioner, leading to the conclusive finding that the same was a forged

    one. As the statutory authority opined against the document relied

    upon by the petitioner, the evidence of the headmaster will not make

    much of a difference.

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    32. As after repeated verification processes the certificates relied upon by

    the petitioner were not found to be genuine, accordingly, there is

    hardly any scope to revisit the evidence relying on which decision was

    taken by the disciplinary authority to dismiss the petitioner from

    service and further undergo imprisonment.

    33. The submission of the petitioner that, had the verification process

    been conducted in proper time, then the proceeding could have been

    concluded earlier during his initial service career and he could have

    got the time and would have been within the age to look for a different

    job to maintain his life and livelihood, is not convincing enough to

    interfere with the sentence imposed upon him.

    34. It is common practice in service jurisprudence that, any time after

    appointment, if it is detected that the document relied upon by the

    candidate is false, fake or forged, then his service becomes liable to be

    terminated. In the case at hand, the certificate of the Board

    examination relied upon by the petitioner, has been proved to be a

    fraudulent one. Under such circumstances, the authority did not have

    any other option but to dismiss him from service, particularly in view

    of the fact that, the petitioner does not possess the minimum

    educational qualification to get the job. The employer cannot retain an

    employee if he does not possess the basic qualification to get the job.

    35. The petitioner was well aware of the fact that he practiced fraud from

    the very moment he applied for getting the job by disclosing his
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    educational qualification as Madhyamik which he actually never

    passed. Without the minimum qualification, the petitioner was

    ineligible to even apply for the job, far less, being selected for the

    same.

    36. The recruiting authority has every right to initiate disciplinary

    proceeding against an employee, at any point of his service career, the

    moment it is detected that fraud was practiced at the time of entry in

    service. Here, the verification process was initiated in the year 1992

    but due to several litigations pending before various fora, the same

    stood finally concluded in July, 2002 and thereafter the disciplinary

    proceeding was initiated which concluded on 15th May, 2021.

    37. It cannot be said with conviction that the delay in concluding the

    process of verification and thereafter the trial was solely attributable to

    the respondent authority. In fact, the petitioner approached the High

    Court of Punjab and Haryana, the learned Trial Court, Barasat and

    also before the High Court, Calcutta by filing Criminal Revision

    Application and the said litigations consumed a considerable period of

    time. Due to pendency of the disciplinary proceeding, repeated

    requests made by the petitioner seeking voluntary retirement also

    could not be accepted.

    38. Submission of the petitioner that the punishment imposed is grossly

    disproportionate, also does not appear to be proper. The authority

    could have taken a stricter stand by taking a decision to recover the
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    salary paid to the petitioner as long as he was in service, which he is

    not entitled to, being ineligible for the same. The authority has

    dismissed him from service along with imprisonment for fifteen

    months which means that he would not be entitled to receive any

    further amount after his dismissal. Had the salary received by the

    petitioner for the entire period he was in service been directed to be

    recovered, the same would have been a harsher punishment than that

    imposed upon him.

    39. The Hon’ble Supreme Court in Bank of India & Ors. vs. Abhinash

    D. Mandivikar & Ors. reported in AIR 2005 SC 3395 held that

    fraud vitiates the most solemn proceeding in any civilised system of

    jurisprudence. Fraud is proved when it is shown that a false

    representation has been made knowingly or without belief in its

    truth.

    40. The Hon’ble Supreme Court in Supdt. of Post Office & Ors. vs. R.

    Valasine Babu reported in AIR 2007 SC 1126 held that if the

    employee played fraud in obtaining appointment, he should not be

    allowed to get the benefits thereof as the foundation of appointment

    collapses.

    41. Prithvi Raj (supra) did not deal with the issue of fraud being played at

    the time of securing appointment. In my considered opinion, fraud is

    the deciding factor in the instant case. Had the petitioner got the basic

    qualification to get the job, then he could have prayed for his retention
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    in service. In this case, the petitioner is ineligible to remain in service

    and the only option is to dismiss him. The employer cannot permit an

    ineligible person to remain in service after his ineligibility stands

    confirmed.

    42. Once the employer has taken a decision to impose some punishment

    after considering the gravity of the case, it is not proper for the Court

    to interfere with the same lightly. The power of judicial review cannot

    be stretched to such extent to always show sympathy to an errant

    employee by modifying the punishment imposed by the employer. If

    such a view is taken by the Court, then there is every possibility that

    the employer will be demoralized and it may not be possible for the

    employer to maintain honesty, sincerity and discipline at the place of

    work.

    43. In Gridko Limited & Anr. Vs. Sadananda Dolui & Ors. AIR

    2012 SC 729 the Supreme Court held that the power of judicial

    review cannot be extended if the action of the authority is not

    shown to be vitiated by the infirmities of illegality, perversity,

    unreasonable, unfair or irrational and so long as the action is not

    demonstrably in outrageous deviance of logic. The Writ Court would

    do well to respect the decision under challenge.

    44. The petitioner has miserably failed to demonstrate that the action of

    the authority is in any manner illegal, perverse, unreasonable,

    illogical, unfair or there has been violation of the principles of natural
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    justice. In the absence of any of the above, it is not proper for the

    Court to interfere with the impugned sentence.

    45. In view of the discussions made herein above, the Court is not inclined

    to entertain the writ petition and allow the prayer of the petitioner.

    46. The writ petition fails and is hereby dismissed.

    47. No costs.

    48. Urgent certified photocopy of this judgment, if applied for, be supplied

    to the parties or their advocates on record expeditiously on compliance

    of usual legal formalities.

    (Amrita Sinha, J.)



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