The Rajasthan High Court recently granted relief to a constable who was dismissed from service 28 years ago on the grounds of forging documents related to his age at the time of his appointment.
Reasoning for Dismissal
The competent authority had dismissed the constable from service in 1996 on the grounds that, as per the applicable rules, the petitioner could not have been below 25 years of age at the time of appointment, as he was married and had three children. This dismissal was based on the assumption that being married and having three children indicated that the constable could not have been below the age of 25 at the time of his appointment.
Court’s Finding and Decision
The bench of Justice Ganesh Ram Meena found this reasoning unacceptable, stating that such a situation was a common outcome of child marriages prevalent at the time. The court highlighted that in the remote rural areas in the 1970s-80s, child marriages were solemnized in many cases, and it was possible for a person to be married and have three children before attaining the age of 25 years. Therefore, the court did not accept the finding of the appellate authority that the constable could not be below the age of 25 years at the time of his appointment due to being married and having three children.
Dismissal Set Aside
The court set aside the impugned orders and directed the government to extend consequential benefits and retiral benefits to the constable that he would have been entitled to had he been in service till date.
Lack of Discussion on Evidence
The court also observed that while passing the order of dismissal, the disciplinary authority did not conduct any discussion regarding the evidence that proved the allegations of forged documents against the constable.
In conclusion, the Rajasthan High Court’s decision to grant relief to the constable dismissed from service 28 years ago sheds light on the complexities surrounding age-related disputes and the need for a thorough examination of evidence in such cases.