Read Time: 08 minutes

Synopsis

The Delhi High Court on Friday directed the reinstatement of army personnel who committed an error of wrongly mentioning the state domicile. The High Court noted that the error was inadvertent and the petitioner cannot be made to suffer having been technologically unfriendly,

A bench of Justice Suresh Kumar Kait and Justice Saurabh Banerjee noted that the petitioner cannot be made to suffer especially whence no objection was raised at the time of his joining service and till completion of more than 2 years.

The order has been passed in a plea filed by a dismissed army personnel, one Bhawar Singh Gurjar who has been appointed as a Rifleman (GD) in Assam Rifles against the vacancies of Assam state, however, he had submitted a domicile certificate of Rajasthan.

He had received a show Cause Notice dated January 31, 2019, from Colonel Commandant, 7 Assam Rifles wherein it was mentioned that though Gurjar had submitted a Domicile Certificate of Rajasthan, he was selected against the vacancies of Assam State as he had filled the State/UT Domicile Code in the application.

Gurjar later responded stating that it was a bona fide mistake on the part of the operator of the cybercafé operator while filling out the online application form. In response to another show cause notice, Gurjar said, "the mistake was not deliberate, and being a technologically challenged person, the form was filled by an operator of a cyber café and requested the authorities to consider his good moral character as well as the family condition and prayed for continuation of service."

However, irrespective of the above, Gurjar received an order from Deputy Inspector General, Assam Rifles dismissing him from service w.e.f October 1, 2019, for furnishing false and incorrect information. His appeal has also been dismissed thereafter from the Appellate Authority, Director General Assam Rifles.

Counsel appearing for Gurjar submitted empathically submitted that he rendered unblemished service for 02 years 04 months and 05 days under 7 Assam Rifles and thereafter, his services have been terminated, for a mistake that was not deliberate at all.

Even the appeal preferred by Gurjar against his dismissal has been summarily disposed of by Inspector General without application of mind, the Counsel added.

Whereas, the Central Government Standing Counsel argued that Gurjar's response to the show cause notices, was found to be devoid of merit and unsatisfactory by the competent authority.

Furthermore, he argued that after filling the form, the candidate is required to click on the button “I Agree” after satisfying that the details furnished are correctly filled and that no further correction shall be permitted. 

The bench observed that a perusal of the application form filled by the petitioner for the subject post clearly shows that though in the column of State/UT of domicile, Gurjar has mentioned Assam (4), however, in a column of Address as well as the column of Permanent/ Domicile Address, Gurjar has mentioned his address as Alwar (Rajasthan) only. 

It was also observed that "various communications by respondent to Gurjar like sending of Admit card for the written examination and medical test etc. were sent to his Rajasthan address only. So much so, his Appointment Letter was also sent at his Permanent Residential Address in Alwar (Rajasthan). Not only that, the police investigation for verifying the character of the Gurjar, was also done at his Rajasthan address".

"Even if petitioner had made an error in mentioning the wrong code (04) that of the State of Assam instead of the State of Rajasthan while filling the online application, it had escaped the notice of respondents at the time of verification of the original documents, as all the documents submitted by the petitioner mentioned Rajasthan as his permanent address," the bench added.

In view of the above, the High Court set aside the order dismissing Gurjar from service. The Court also directed Gurjar to be reinstated in service forthwith, with all consequential benefits.

Case Title: BHAWAR SINGH GURJAR Vs. UNION OF INDIA & ORS.