Excelsior Correspondent
JAMMU, May 23: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi has observed that every member of the Police force should have an exceptional integrity and if a candidate, aspiring to become a police personnel, indulges in fraud at the very initial stage of his service, he cannot be expected to become a good police officer if a lenient view is taken for the fraud committed by him.
The observation has been made in a LPA filed by Farooq Ahmed Parray whose selection and appointment as Police Constable is alleged to have been cancelled during his probation for having produced a fake driving license in order to secure few additional points in the selection process so that he gets selected and appointed against the post of Constable.
After hearing both the sides, the DB observed, “it needs no reiteration that every selection and the consequent appointment is subject to scrutiny of the credentials submitted by the aspiring candidates during the process of selection”, adding “once the document, on the basis whereof the selection and appointment has been secured, turns out to be fake, the natural consequence would be the cancellation of such selection and appointment and in doing so, the respondents were neither required to conduct any enquiry nor afford any opportunity of hearing to the petitioner”.
While dismissing the appeal, DB observed, “the petitioner’s selection and appointment has been cancelled on the basis of a fraud played by him and not by having lesser number of points”, adding “the petitioner has indulged in fraud, the subject matter of the entire controversy does not relate to a wrong marking but to the cancellation of a particular selection and appointment already made”.
“We are also not subscribing to the view that the petitioner has been prejudiced by such cancellation of selection and appointment as he did not deserve to continue in service and occupy the post in a disciplined force”, the DB said, adding “every member of the Police force is required to have an exceptional integrity and if a candidate, aspiring to become a police personnel, indulges in fraud at the very initial stage of his service, he cannot be expected to become a good police officer if a lenient view is taken for the fraud committed by him”.
“Furthermore, the appellant during the selection process has submitted a duly sworn in affidavit stating therein inter alia that his services will be liable for termination and registration of criminal case against him in case any of his claims/certificates are found to be invalid at any stage”, the DB concluded.
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