Every Member Of Police Force Required To Have Exceptional Integrity: Jammu & Kashmir High Court Upholds Constable's Termination For Fraud

Observing that every member of the police force is required to have exceptional integrity, the Jammu & Kashmir High Court has upheld the termination of a Constable during probation period for submitting fake document to secure additional points during selection process.

A bench comprising Chief Justice Kotiswar Singh and Justice Moksha Kazmi observed that 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 bench was hearing a plea against CAT order refusing interference with petitioner's termination. The petitioner submitted that he had been meted out an invidious treatment as his right of livelihood has been "snatched" by the respondents with the stroke of a pen. Petitioner argued even if it is presumed that he had produced a fake driving license, the proper course available to the respondents was to inflict a minor punishment taking into consideration the fact that the petitioner has been selected, appointed and was working on the post for some time now.

Senior AAG Mohsin Qadri on the other hand submitted that the impugned order was well reasoned as the post in question is meant for those with clean image and since the petitioner has resorted to an unfair means right at the inception of his service, he could not have been continued in a disciplined force and therefore, the respondents were justified in canceling his selection and appointment.

At the outset itself the bench noted that the petitioner has failed to prove his bonafides at the initial stage of his appointment only making doubtful his integrity by seeking support from a fake document to secure a job.

It observed that 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.

Deliberating on the contention of the petitioner that the selection and appointment of the petitioner could not have been canceled even if the 02 points earned by him on the basis of the alleged fake driving license would be deducted as the petitioner is still getting 24 points and is making the grade, the court said that 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.

".. 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", the bench reasoned.

Declining to subscribe to the view that the petitioner has been prejudiced by such cancellation of selection and appointment, the bench opined that he did not deserve to continue in service and occupy the post in a disciplined force as every member of the police force is required to have an exceptional integrity.

"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".

In view of the same the bench dismissed the petition.

Case Title: Farooq Ahmad Parray Vs UT of J&K

Citation: 2023 LiveLaw (JKL) 131

Counsel For Petitioner: Mr. M. I. Dar, Advocate with Mr. Mohammad Yawar, Advocate.

Counsel For Respondent: Mr. Mohsin Qadri, Sr. AAG with Ms. Maha Majeed, Advocate

Click Here To Read/Download Judgement