Summary
The Army authorities did not establish that the appellants had submitted false relationship certificates to obtain recruitment, and failed to address their specific explanation that they had applied in the general category. The dismissal orders were therefore vitiated; reinstatement with consequential benefits was directed.
Issues
- Whether the appellants’ dismissal for allegedly obtaining recruitment through false relationship certificates could stand when the authorities had not addressed their plea that they never submitted such certificates and applied under the general category.
Provisions considered
- Principles of natural justice, Constitution of IndiaAn order that fails to consider a material defence and relevant evidence is vitiated; its reasons cannot be supplemented later by new grounds. (¶¶ 19-24, 27)
Held
- The recruitment quota was not confined to relatives of servicemen or ex-servicemen; it was also open to general-category candidates to a limited extent. (¶ 24)
- There was no material establishing that the appellants had submitted relationship certificates. The authorities failed to address their specific plea that they applied in the general category and did not produce those certificates. (¶ 19-24)
- The discharge and dismissal orders could not be sustained by later-supplemented reasons not contained in the original orders. (¶ 21-27)
Result
The appeals were allowed. The discharge and dismissal orders and the Armed Forces Tribunal decisions were set aside; reinstatement with consequential benefits was directed.