No.2809759H Ex-Recruit Babanna Machched vs Union of India and Ors.

Court

Supreme Court of India

Date

9 February 2024

Case No.

Civil Appeal No. 644-645 of 2017

Result

Allowed

Bench

Bela M. Trivedi, Pankaj Mithal

Citation

[2024] 2 S.C.R. 242 : 2024 INSC 95

Acts & Sections

Armed Forces Tribunal Act, 2007

Issue for consideration

The appellants were dismissed/discharged from service on the ground that at the time of their enrollment in the Army through Maratha Light Infantry Regimental Centre under the Unit Headquarters Quota in December, 2009 they had produced false relationship certificates which upon verification were found to be manipulated and false. The points which arise for consideration are:

(i) Whether the appellants were enrolled/recruited by giving benefit of relationship with the servicemen/ex-servicemen; (ii) Whether the appellants have produced any relationship certificate(s); (iii) Whether their discharge/dismissal from service is bad in law for non-consideration of their explanation.

Headnote

Service Law – Dismissal from service – Allegation of producing false relationship certificate – The appellants contended that they were recruited under the general category and not on priority basis as relatives of any servicemen or ex-servicemen; and they have not produced any relationship certificate and, therefore, they cannot be charged for obtaining enrollment/recruitment on the basis of fake relationship certificates: Held: The appellants have brought on record zerox copies of their applications submitted for the purposes of enrollment/recruitment – The application(s) nowhere mentions that they have produced any relationship certificate(s) – The application(s) thus clearly establishes that the appellants appear to have applied as a general category candidate(s) against the surplus seats/vacancies remaining unfilled after considering the priority/reserved quota for relatives of servicemen/ex-servicemen, etc – In such a situation, when they have not claimed any enrollment/recruitment on the basis of relationship with servicemen/ex-servicemen, obviously there was no occasion for them to submit any relationship certificate – In the discharge certificate, there is no mention of any inquiry being conducted or find out as to whether the appellants had actually produced relationship certificates for the purpose of enrollment/recruitment – Tribunal had affirmed the discharge/dismissal order in a casual manner without taking note of the crucial point that appellants had applied under general category and not as relatives of servicemen/ex-servicemen – Thus, the orders of discharge/dismissal of the appellants stand vitiated for non-consideration of the material aspect – Thus, the discharge/dismissal orders of the appellants set aside. [Paras 17, 19, 20, 24, 27]

Judgment Pankaj Mithal, J. 1. Learned counsel for the parties were heard. 2. Instructions were issued from time to time with regard to enrollment into Army under the Unit Headquarters Quota (UHQ). The instructions as revised upto the year 1978, provided that Regiments/Corps have sanction to enroll 15 per cent of the total yearly demand released by the Additional Directorate of Recruiting to Zonal Recruiting Offices. This percentage was increased to 25 during the year 1981-82 and in March, 1983 this quota was further increased to 50 per cent. Since the Regiments/Corps could not fill up such

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