3 yrs after his death, CRPF constable's dismissal overruled

Dismissed from service in 1993, Dhanpat Singh, formerly a constable with the CRPF, died in 2011 while fighting a long legal battle against the dismissal order. He has finally been vindicated by the Delhi High Court, which has ordered the government to pay the arrears of salary from the date of his dismissal in 1993 till 2011 and family pension to his wife.

The CRPF had dismissed him on the basis of a departmental inquiry report which alleged that he had committed fraud on the paramilitary force by submitting the education and domicile certificates of his older brother. The CRPF had said that his real name was Sumer Singh, while Dhanpat Singh was alleged to be his older brother whose certificates were falsely used to get employment.

Singh had challenged his dismissal from service by filing a writ petition before the Delhi High Court. In its order issued last week, the court of Justice Pradeep Nandrajog and Justice Jayant Nath has held that the internal inquiry report was not based on any evidence.

"Record of inquiry which has been produced before us would reveal that no witness has deposed to the fact that petitioner's real name is Sumer Singh," the court noted in its judgment, adding that the case did not have any evidence, "even on the low standard of proof of facts at a domestic inquiry."

The court has ordered the government to pay all arrears to the constable's wife.

"From the date he was dismissed from service till he died we declare that the petitioner would be entitled to 50 per cent wages i.e. 50 per cent of the salary and allowances which he would have drawn had he been in service and the family pension to be paid to his wife. The 50 per cent arrears of salary and full arrears of pension shall be disbursed to petitioner's wife and future family pension shall be paid to her each month," the court held.

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