JUDGEMENT
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(1.)The statement of articles of charges framed against the petitioner read as under:-
"ARTICLE-I
That No.880977859 Ct.Dhanpat Singh while functioning as a Ct. in 97th Bn. CRPF w.e.f. 30/4/88, committed an act of misconduct in his capacity as a member of the force under section 11(1) of CRPF Act, 1949, in that he got himself fraudulently enlisted as a Constable (GD) in 97th Bn. CRPF on 30/4/88 on the basis of educational/other certificates of his brother named Shri Dhanpat Singh.
ARTICLE-II
That the said No.880977859 Ct.Dhanpat Singh, while functioning as a Ct. in 97th Bn. CRPF w.e.f. 30/4/88, continued to commit an act of misconduct in his capacity as a member of the force under section 11(1) of CRPF, Act, 1949, in that he having got himself fraudulently enlisted in CRPF as a Ct. on the basis of educational certificates of his brother named Sh Dhanpat Singh, did not disclose his true identity to this department till a complaint dated 13/3/91 was received from a civilian namely Sh.Babu Lal, s/o Shri Maidhan, R/o Village Unhani, District Mahendergarh (Haryana).
ARTICLE-III
That the said No.880977859 Ct.Dhanpat Singh, while functioning as a Ct. in 97th Bn. CRPF w.e.f. 30/4/88, committed an act of misconduct in his capacity as a member of the force u/s.11(1) of CRPF, Act, 1949, in that he got himself enlisted in the CRPF as Ct. w.e.f. 30/4/88 against the quota fixed for the domicile of Delhi by producing false domicile certificate, whereas, he actually belonged to Haryana State."
(2.)The Inquiry Officer has held that whereas Article 1 of the charge was fully proved, Article 2 was partially proved and Article 3 was not proved.
(3.)The findings are self-contradictory for the reason pertaining to Article 3, the Inquiry Officer has treated the petitioner to be Dhanpat Singh and that the domicile certificate No.1708 dated May 05, 1988 was correct and authentic. Now, for the said domicile certificate to be correct and authentic the petitioner would be required to be residing in Delhi for 3 preceding years, which would mean that since March, 1985 the petitioner was residing in Delhi and this would mean that the petitioner would have obtained his matriculation degree in the year 1985.
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