30 April vs State Of Uttarakhand & Others on 30 April, 2026

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    Uttarakhand High Court

    30 April vs State Of Uttarakhand & Others on 30 April, 2026

    Bench: Manoj Kumar Tiwari, Pankaj Purohit

                                                         2026:UHC:3309-DB
    HIGH COURT OF UTTARAKHAND AT NAINITAL
           Writ Petition Service Bench No. 272 of 2022
                               30 April, 2026
    Sachin Kumar                                        ... Petitioner
                                   Versus
    State Of Uttarakhand & others                      ... Respondents
    ----------------------------------------------------------------------
    Presence:-
    Mr. Bhupesh Kandpal, learned counsel for the petitioner
    Mr. G.S. Negi, learned Additional C.S.C. for the State of
    Uttarakhand
    ----------------------------------------------------------------------
                                             Dated: 30th April, 2026
    
    Coram :       Hon'ble Manoj Kumar Tiwari, J.
                  Hon'ble Pankaj Purohit, J.
    
    Per: Hon'ble Manoj Kumar Tiwari, J.
    
    
                               JUDGMENT
    

    1. Petitioner has challenged judgment dated
    16.02.2017 rendered by learned Public Service Tribunal
    in Claim Petition No. 33/DB/2016. He has also
    challenged the order dated 04.05.2017 whereby his
    review application was rejected by learned Tribunal.

    2. It is not in dispute that petitioner was
    appointed as Constable in Civil Police on 01.06.2009
    and he was dismissed from service vide order dated
    23.03.2025 passed by Senior Superintendent of Police,
    Haridwar. He filed appeal against the punishment
    order, which was dismissed by Inspector General of
    Police, Garhwal Range vide order dated 23.08.2025.
    The order passed by disciplinary authority and
    appellate authority were challenged by petitioner
    before Public Services Tribunal; however, his claim
    petition was dismissed by learned Tribunal.

    SPONSORED

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    3. The charge against the petitioner was that his
    date of birth is 24.06.1983, but he managed to secure
    appointment as Constable based on an incorrect date of
    birth, i.e., 07.07.1988.

    4. It is not in dispute that petitioner passed
    High School (10th Standard) from U.P. Board of
    Secondary Education in the year 1999 and in the High
    School Certificate, his date of birth is recorded as
    24.06.1983. Petitioner thereafter again passed High
    School (10th Standard) from National Institute of Open
    Schooling (in short “NIOS”) in the year 2007, but in the
    certificate issued by NIOS his date of birth was
    mentioned as 07.07.1988.

    5. Learned counsel for the petitioner submits
    that in his application for the post of Constable (Civil
    Police), petitioner, due to mistake mentioned his date
    of birth as 07.07.1988, as was mentioned in the
    certificate issued by NIOS. He submits that petitioner
    had no intention to submit false information and due to
    mistake, petitioner had mentioned an incorrect date of
    birth. He submits that petitioner was not going to get
    any benefit by mentioning incorrect date of birth, as he
    was eligible even otherwise also. He further submits
    that petitioner had submitted application to Director,
    NIOS, New Delhi on 28.11.2007 to correct his date of
    birth as “24.06.1983”, which indicates his bonafide in
    the matter. Thus, it is contended that punishment,
    imposed upon the petitioner, not only unsustainable,
    but harsh also.

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    6. It is contended on behalf of petitioner that an
    FIR was registered against him regarding the same
    incident and he was tried for offences punishable under
    Sections 420 & 471 of IPC, which resulted in conviction
    by trial court, however, in appeal, trial court’s
    judgment was set aside and petitioner was acquitted.

    7. Learned State Counsel, per contra submits
    that defence of innocent mistake, taken by petitioner,
    is unbelievable. He submits that no one forgets his
    name and date of birth and even if petitioner’s date of
    birth was wrongly recorded in the school certificate
    issued by NIOS, it cannot be a valid explanation for
    mentioning wrong date of birth in his application for
    appointment. He submits that petitioner obtained yet
    another High School Certificate from NIOS with
    different date of birth with evil design, as the age limit,
    mentioned in the advertisement dated 15.12.2008 for
    the post of Constable Civil Police, was between 18 to 22
    years and petitioner had crossed the upper age limit of
    22 years before the deadline indicated in the
    advertisement.

    8. Learned State Counsel further submits that
    since age for recruitment as Constable is to be seen
    with reference to 1st of July, therefore, petitioner
    managed to get his age mentioned as 07.07.1988 in
    the certificate procured from NIOS to ensure that he
    gets maximum number of attempts to participate in the
    selection process. He further submits that petitioner
    relied upon a mark-sheet, in which he was shown as
    five years younger than his actual age ,
    therefore, he would have continued in service for five

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    more years after attaining age of superannuation. He
    thus submits that the contention raised by petitioner’s
    counsel that petitioner did not get any benefit by
    mentioning incorrect date of birth is not correct and
    petitioner would have secured lifelong benefits, if the
    fraud played by him upon the employer was not
    exposed in time.

    9. Learned State Counsel further submits that
    petitioner dishonestly mentioned incorrect date of birth,
    is evidenced from the fact that he also submitted an
    affidavit in which he again mentioned his date of birth
    as 07.07.1988. Thus, he submits that the story
    developed by petitioner, that he had made application
    to NIOS for correcting date of birth, also falls to the
    ground.

    10. Learned State Counsel submits that degree of
    proof required in a criminal trial is different from
    standard of proof required in disciplinary proceedings.
    He submits that in disciplinary enquiry, a Government
    Servant can be punished based on preponderance of
    probabilities, while in criminal trial before punishing a
    person, his guilt has to be proved beyond reasonable
    doubt. Thus, he submits that petitioner’s acquittal of
    the criminal charge by appellate court alone cannot be
    sufficient to interfere with the punishment imposed in
    disciplinary proceedings. Thus, he submits that learned
    Tribunal was justified in dismissing the claim petition
    filed by petitioner and no interference with the
    impugned judgment is called for.

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    11. We have gone through the impugned
    judgment. Learned Tribunal has considered and
    discussed all relevant aspects, including findings
    returned by Enquiry Officer against the petitioner.
    Enquiry Officer referred to the undertaking given by
    petitioner in para 10 & 11 of his affidavit, where he
    stated that information furnished by him, regarding his
    educational qualification, age, etc. is correct and any
    information supplied by him if found to be incorrect,
    will make him liable to be removed from service.
    Learned Tribunal has opined that Disciplinary Enquiry
    was held as per applicable Rules.

    12. It is not the case of the petitioner before us
    that the Discipline and Appeal Rules applicable to him
    were violated or reasonable opportunity of defending
    himself was not given to him. Learned counsel for the
    petitioner contends that since petitioner was acquitted
    of the criminal charge, therefore, punishment of
    dismissal from service cannot be sustained.

    13. Learned State Counsel, however, points out
    that this ground is being raised for the first time and
    such contention was not raised before learned Tribunal.
    He further submits that petitioner secured appointment
    as Police Officer by relying on false certificate. He
    submits that higher standard of probity is demanded
    from Police Officers and securing appointment in Police
    Force by playing fraud upon the Authorities is
    unpardonable. He submits that Police Officers play
    sensitive role in maintaining order in the society,

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    therefore, they must possess unimpeachable character
    and integrity to maintain the community confidence.

    14. This Court finds substance in the submissions
    made by learned State Counsel. Petitioner has not
    challenged the punishment on the ground of violation
    of the norms laid down in the applicable Discipline and
    Appeal Rules or for violation of Principles of Natural
    Justice. He has also not questioned the findings
    returned by Enquiry Officer. Hon’ble Supreme Court in
    the case of Ram Saran vs. I.G. of Police CRPF & others,
    reported as (2006) 2 SCC 541, while dealing with
    similar fact situation, has held as under:-

    “8. The Courts should not interfere with the administrator’s
    decision unless it was illogical or suffers from procedural
    impropriety or was shocking to the
    conscience of the court, in the sense that it was in defiance of
    logic or moral standards. In view of what has been stated in
    Associated Provincial Picture Houses Ltd. v. Wednesbury Corpn.,
    (1948) 1 KB 223: [1947] 2 All ER 680(CA) commonly known as
    Wednesbury’s case the Court would not go into the correctness
    of the choice made by the administrator open to
    him and the court should not substitute its decision to that of
    the administrator. The scope of judicial review is limited to the
    deficiency in decision-making process and not the decision.

    (See: V. Ramana v. A.P. SRTC and Ors., [2005] 7 SCC 338).”

    15. In the present case, petitioner was held guilty
    of playing fraud upon the Authorities while securing
    appointment as Police Constable. Hon’ble Supreme
    Court in the case of Ram Chandra Singh vs Savitri Devi,
    Appeal (Civil) No. 8216 of 2003 has enunciated the law
    on fraud and held as follows:-

    “16. Fraud is a conduct either by letter or words, which
    induces the other person or authority to take a definite
    determinative stand as a response to the conduct of the former
    either by word or letter.

    17. It is also well settled that misrepresentation itself
    amounts to fraud. Indeed, innocent misrepresentation may also
    give reason to claim relief against fraud.

    18. A fraudulent misrepresentation is called deceit and
    consists in leading a man into damage by wilfully or recklessly
    causing him to believe and act on falsehood. It is a fraud in law

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    if a party makes representations which he knows to be false,
    and injury ensues therefrom although the motive from which the
    representations proceeded may not have been bad.

    24. An act of fraud on court is always viewed seriously. A
    collusion or conspiracy with a view to deprive the rights of
    others in relation to a property would render the transaction
    void ab initio. Fraud and deception are synonymous.

    26. Although in a given case a deception may not amount to
    fraud, fraud is anathema to all equitable principles and any
    affair tainted with fraud cannot be perpetuated or saved by the
    application of any equitable doctrine including res judicata.

    27. In Shrisht Dhawan v. Shaw Bros., it has been held that:

    ’20. Fraud and collusion vitiate even the most
    solemn proceedings in any civilized system of
    jurisprudence. It is a concept descriptive of human
    conduct.’

    31. In Chittaranjan Das v. Durgapore Project Ltd. & others,
    99 CWN 897, it has been held:

    ‘ Suppression of a material document which affects
    the condition of service of the petitioner, would
    amount to fraud in such matters. Even the
    principles of natural justice are not required to be
    complied with in such a situation.

    It is now well known that a fraud vitiates all solemn
    acts. Thus, even if the date of birth of the petitioner
    had been recorded in the service returns on the
    basis of the certificate produced by the petitioner,
    the same is not sacrosanct nor the respondent
    company would be bound thereby.'”

    16. Learned counsel for the petitioner relied upon
    the judgment rendered by Hon’ble Supreme Court in
    the case of G.M. Tank vs. State of Gujarat & others,
    reported as (2006) 5 SCC 446 for contending that since
    petitioner was acquitted by criminal court, therefore,
    punishment of dismissal, imposed upon him for similar
    charge, is unsustainable.

    17. Learned State Counsel by referring to
    judgment dated 06.02.2019 (Annexure 10 to the writ
    petition) rendered by learned Sessions Judge in
    Criminal Appeal No. 15 of 2018 (Sachin Kumar S/o Sri
    Bhudev Sharma vs. State of Uttarakhand
    ) submits that
    petitioner’s conviction from the charge of Sections 420
    & 471 IPC was reversed by appellate court on the

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    ground that he neither fabricated nor interpolated the
    High School mark-sheet and the two mark-sheets,
    possessed by petitioner, were issued by recognised
    Boards, as such the offence under Sections 420 IPC is
    not made out against him. He points out that learned
    Sessions Judge further held that as a person, belonging
    to Other Backward Classes, petitioner was entitled to
    relaxation in upper age to the extent of five years,
    therefore, he did not derive any wrongful benefit by
    using incorrect date of birth and he was eligible even as
    per his actual date of birth.

    18. Learned State Counsel submits that the
    reason assigned by learned Sessions Judge for
    acquitting the petitioner reveals that the scope of
    enquiry against petitioner in criminal trial was entirely
    different from that in Disciplinary Proceedings. He
    further submits that in the case of G.M. Tank (supra),
    Hon’ble Supreme Court held that charge in
    departmental proceedings and criminal case must be
    identical only then acquittal in criminal case can be a
    ground for setting aside the punishment order.

    19. He submits that in the present case, charge
    against petitioner in criminal trial was different from
    the charge in Disciplinary Enquiry. He submits that in
    disciplinary proceedings, charge was that he played
    fraud upon the authorities by mentioning incorrect date
    of birth which he knew was false, while in criminal trial,
    scope of enquiry was different. He relies upon para 28
    to 30 of the judgment rendered by Hon’ble Supreme

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    Court in the case of G.M. Tank (supra), which are
    extracted below:-

    “28. This Court in Depot Manager, A.P. SRTC v. Mohd. Yousuf
    Miya
    [(1997) 2 SCC 699 : 1997 SCC (L&S) 548] in para 8 held as
    under: (SCC pp. 704-05)
    “The purpose of departmental enquiry and of prosecution are
    two different and distinct aspects. The criminal prosecution is
    launched for an offence for violation of a duty, the offender
    owes to the society or for breach of which law has provided that
    the offender shall make satisfaction to the public. So crime is an
    act of commission in violation of law or of omission of public
    duty. The departmental enquiry is to maintain discipline in the
    service and efficiency of public service. It would, therefore, be
    expedient that the disciplinary proceedings are conducted and
    completed as expeditiously as possible. It is not, therefore,
    desirable to lay down any guidelines as inflexible rules in which
    the departmental proceedings may or may not be stayed
    pending trial in criminal case against the delinquent officer. Each
    case requires to be considered in the backdrop of its own facts
    and circumstances. There would be no bar to proceed
    simultaneously with departmental enquiry and trial of a criminal
    case unless the charge in the criminal trial is of grave nature
    involving complicated questions of fact and law. Offence
    generally implies infringement of public (sic duty), as
    distinguished from mere private rights punishable under criminal
    law. When trial for criminal offence is conducted it should be in
    accordance with proof of the offence as per the evidence defined
    under the provisions of the Evidence Act. Converse is the case of
    departmental enquiry. The enquiry in a departmental
    proceedings relates to conduct or breach of duty of the
    delinquent officer to punish him for his misconduct defined
    under the relevant statutory rules or law. That the strict
    standard of proof or applicability of the Evidence Act stands
    excluded is a settled legal position. … Under these
    circumstances, what is required to be seen is whether the
    departmental enquiry would seriously prejudice the delinquent
    in his defence at the trial in a criminal case. It is always a
    question of fact to be considered in each case depending on its
    own facts and circumstances. In this case, … the charge is
    failure to anticipate the accident and prevention thereof. It has
    nothing to do with the culpability of the offence under Sections
    304-A
    and 338 IPC. Under these circumstances, the High Court
    was not right in staying the proceedings.”

    29. The judgment in State of A.P. v. S. Sree Rama
    Rao
    [(1964) 3 SCR 25 : AIR 1963 SC 1723] was cited for the
    purpose that the High Court is not constituted in a proceeding
    under Article 226 of the Constitution as a court of appeal over
    the decision of the authorities holding a departmental enquiry
    against a public servant, it is concerned to determine whether
    the enquiry is held by an authority competent in that behalf and
    according to the procedure prescribed in that behalf and
    whether the rules of natural justice are not violated.

    30. The judgments relied on by the learned counsel appearing
    for the respondents are distinguishable on facts and on law. In
    this case, the departmental proceedings and the criminal case
    are based on identical and similar set of facts and the charge in

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    a departmental case against the appellant and the charge before
    the criminal court are one and the same. It is true that the
    nature of charge in the departmental proceedings and in the
    criminal case is grave. The nature of the case launched against
    the appellant on the basis of evidence and material collected
    against him during enquiry and investigation and as reflected in
    the charge-sheet, factors mentioned are one and the same. In
    other words, charges, evidence, witnesses and circumstances
    are one and the same. In the present case, criminal and
    departmental proceedings have already noticed or granted on
    the same set of facts, namely, raid conducted at the appellant’s
    residence, recovery of articles therefrom. The Investigating
    Officer Mr V.B. Raval and other departmental witnesses were
    the only witnesses examined by the enquiry officer who by
    relying upon their statement came to the conclusion that the
    charges were established against the appellant. The same
    witnesses were examined in the criminal case and the criminal
    court on the examination came to the conclusion that the
    prosecution has not proved the guilt alleged against the
    appellant beyond any reasonable doubt and acquitted the
    appellant by its judicial pronouncement with the finding that the
    charge has not been proved. It is also to be noticed that the
    judicial pronouncement was made after a regular trial and on
    hot contest. Under these circumstances, it would be unjust and
    unfair and rather oppressive to allow the findings recorded in
    the departmental proceedings to stand.”

    20. We find substance in the submission made by
    learned State Counsel. Since petitioner’s conviction was
    reversed in appeal by learned Sessions Judge by
    holding that the two High School Certificates possessed
    by him were issued by different recognised Boards and
    there is no prohibition in law against passing High
    School examination from two different Boards and he
    has not made any interpolation in those certificates,
    therefore, reversal of his conviction in criminal trial in
    itself will not be sufficient for disturbing the punishment
    of dismissal imposed upon the petitioner, especially
    when he admits that he passed High School (10th
    Standard) from two different Boards and his date of
    birth is different in the certificates issued by the two
    Boards and further he relied upon a date of birth for
    securing appointment which he knew was not correct.

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    21. Thus, we do not find any reason to interfere
    with the judgment rendered by learned Tribunal.
    Accordingly, the writ petition fails and is dismissed.

    (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.)

    30.04.2026
    Aswal
    NITI RAJ SINGH Digitally signed by NITI RAJ SINGH ASWAL
    DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3,

    ASWAL
    postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL
    Date: 2026.05.16 02:26:11 -07’00’

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