Removal From Service For Submitting Forged Marksheet Disproportionate For Constable With Unblemished Record Of 38 Yrs: Rajasthan High Court

The Rajasthan High Court overturned the dismissal of a constable who submitted a forged marksheet at the time of joining service, citing his unblemished 38-year record. The court found the punishment disproportionate to the misconduct. The constable, appointed in 1982, was charged in 2013 and dismissed in 2020. The court noted that the constable had served diligently without any prior punishments and that the nature of the misconduct did not warrant such a severe penalty. The court set aside the dismissal but upheld the recovery of salary and allowances paid after the actual date of superannuation. The constable was directed to deposit the amount in the government treasury. The court’s decision highlights the importance of considering an employee’s entire service record and the proportionality of disciplinary actions in cases of misconduct.