Supreme Court directs initiation of criminal proceedings against constable for impersonation and forgery
In a landmark judgment, the Supreme Court of India has restored the dismissal of Ranjan Kumar, a former constable in Jharkhand Police, for securing dual employment in the police services of Jharkhand and Bihar through fraudulent means. The apex court, while setting aside the judgment of the Division Bench of the High Court of Jharkhand, emphasized that the findings of fact recorded by the disciplinary authority are not to be interfered with lightly, especially in the absence of any procedural irregularities.
The case revolved around allegations that Ranjan Kumar used forged documents and impersonated another identity to secure employment in Bihar Police while still serving as a constable in Jharkhand Police. The Supreme Court, in its judgment, underscored the gravity of the misconduct, which involved deliberate acts of forgery and fraud, detrimental to the integrity of the police force.
The disciplinary proceedings initiated by the Jharkhand Police found Ranjan Kumar guilty of fraud, impersonation, and unauthorized absence from duty. Despite the Division Bench of the High Court ruling in favor of Ranjan Kumar, the Supreme Court held that the findings by the disciplinary, appellate, and revisional authorities were based on substantial evidence, including forensic reports that confirmed impersonation.
In a significant direction, the Supreme Court ordered the initiation of criminal proceedings against Ranjan Kumar, stating that the allegations prima facie disclose cognizable offenses under the Indian Penal Code or the Bharatiya Nyaya Sanhita. The court noted that public employment, particularly in the police service, cannot be an avenue for fraud, and stringent actions are necessary to uphold the rule of law.
The Supreme Court further exercised its jurisdiction under Article 142 of the Constitution to quash the appointment of "Santosh Kumar" in the Bihar Police, who was found to be the same person as Ranjan Kumar. This judgment serves as a stern reminder of the expectations of integrity and discipline within the police force and the repercussions of fraudulent actions.
Bottom Line:
Fraudulent dual employment in police service by impersonation and use of forged documents warrants dismissal from service and initiation of criminal proceedings.
Statutory provision(s):
- Article 142 of the Constitution of India
- Indian Penal Code (IPC)
- Bharatiya Nyaya Sanhita
- Jharkhand Police Manual Rule 828
State of Jharkhand v. Ranjan Kumar, (SC) : Law Finder Doc id # 2894883
