HARVINDER MALIK vs UNION OF INDIA THROUGH ITS SECRETARY & ORS.

Judgment text excerpt

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7020/2024 HARVINDER MALIK .....Petitioner Through: Mr. Krishna Kumar Yadav, Mr. Rahul Yadav and Mr. Aakash Malik, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Ms Archana Gaur, SPC with Ms Ridhima Gaur and Ms Ring Baliiyan, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 11.09.2025 1. The petitioner was selected as a Constable in the Railway Police Force1 in 2014, admittedly after verification of his documents. 2. Eight years thereafter, following disciplinary proceedings which were instituted against the petitioner, on the basis of a complaint made to the respondent by the petitioner’s estranged wife, the petitioner’s services were dismissed by order dated 11 November 2022 on the ground that he did not possess the prescribed educational qualifications for the post of Constable. Though the order is itself non- speaking, but we may note the charge against the petitioner, as contained in the charge-sheet with which the disciplinary proceedings 1 “RPF” hereinafter Signature Not Verified Signed By:GUNN W.P.(C) 7020/2024 Page 1 of 7 Signing Date:15.09.2025 18:31:40 commenced, which read thus: “Shri Harvinder Malik, son of Shri Inderpal Singh, Com./R.S.B., Ludhiana Post, is alleged to have failed in the High School and Senior Secondary (10+2) examination of the Board of Higher Secondary Education, Delhi. On the basis of fake educational certificates, he has got appointment to the post of Inspector in RPF and in this way he has committed fraud and has violated Rule No. 146.6 (iv) of RPF Rules 1987.” 3. We may note, at this juncture, that the use of the expressions “fake educational certificates”, “fraud” etc., as used in the charge, have neither been es