Kolkata: Calcutta High Court on Wednesday refused relief to a BSF constable fired from job after it was found that he submitted a forged Madhyamik mark sheet during joining in 1989, stating any show of sympathy by judicial review to "an errant employee" would "demoralise" the employer.
Justice Amrita Sinha held: "The power of judicial review cannot be stretched to such an 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, there is every possibility the employer will be demoralised and it may not be possible for the employer to maintain honesty, sincerity and discipline at the place of work."
It was also observed the recruiting authority was well within its rights to have initiated a disciplinary proceeding against the employee the moment the fraud was detected.
The constable joined service on Feb 28, 1989, after which, he was placed under multiple postings. The fraud was first detected in 1992, when they sent for verification process to the North 24 Parganas District Magistrate and it was told that the person's name could not be found in the school records he claimed to have passed Madhyamik from.
The constable was given opportunities to reply. In 2001, he submitted a mark sheet, admit card and certificate, but all of them turned out to be forged. In 2002, a criminal case of cheating was filed against him and he was arrested on March 11, 2002, and released on bail on April 26, 2002.
Subsequently, a Petty Security Force Court proceeding was initiated against him in 2021 on five charges. He was found guilty in respect of two of them and was dismissed from service on May 15, 2021. In between this, he filed multiple litigations, tried to get voluntary retirement, but could not consider legal complexities. The constable said the punishment was harsh.
But Justice Sinha said: "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."