Petitioner shall not be entitled for payment of salary for the period that he has not worked i.e. from the date of removal of service till the date of rejoining and same was upheld by High Court of Delhi through the learned bench led by HON’BLE MR. JUSTICE MANMOHAN and HON’BLE MR. JUSTICE NAVIN CHAWLA in the case of EX-CT BAJRANG LAL vs UNION OF INDIA (W.P.(C) 11265/2021) on 24th February, 2022.
Facts of the case are that the petitioner was appointed as a Constable GD in CISF after qualifying a competitive examination held by Staff Selection Commission on 3rd April, 2017. He states that the petitioner served the department till the passing of the impugned order. He states that vide Memorandum dated 7th September, 2019, a charge-sheet was issued to the petitioner alleging that he had secured employment by producing a false and fabricated OBC certificate. He states that the petitioner had applied for the Caste certificate dated 18th May, 2016 with the help of some private person sitting outside the Court and when the petitioner came to know that it was not issued by the competent authority, the petitioner immediately applied for another OBC certificate and same was issued to the petitioner on 30th March, 2017.
Learned counsel for the petitioner states that during the inquiry the petitioner clearly stated that he was allowed to join on the basis of OBC certificate dated 30th March, 2017 and not the certificate dated 18th May, 2016.
Learned counsel for the respondent has filed an affidavit dated 11th January, 2022 which states that it has been verified at E-District Portal available with the Sub-Division, Rajouri Garden and it has been found that the same has been issued by the proper authority and the petitioner belongs to OBC Gurjar Caste.
In the opinion of the Court since the petitioner belongs to OBC Gurjar Caste is directed to be reinstated in service within four weeks of uploading of the order and It is made clear that the petitioner shall not be entitled for payment of salary for the period that he has not worked i.e. from the date of removal of service till the date of rejoining. However, the said period shall be counted for promotion, seniority and pay fixation purposes.
Click here to read the Judgment
Judgment Reviewed by – Amit Singh
