“Expressions like ‘benefit of doubt’ and ‘honourably acquitted’ are not to be understood as magic incantations. Court of law will not be carried away by mere use of such terminology. Court is obliged to examine substance.”
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My Lord, Ram Lal altered Date of Birth from 21.04.1974 to 21.04.1972 in 8th Standard Marksheet?
No.
Ram Lal was a Constable with Rajasthan Armed Constabulary, 9th Battalion, Jodhpur. Courts are entitled to consider whether findings of disciplinary authority have ignored material evidence and if it so finds, Courts are not powerless to interfere [United Bank of India v. Biswanath Bhattacharjee, (2022) 13 SCC 329]. Court will be entitled to exercise its discretion and grant relief if it concludes, allowing findings in disciplinary proceedings to stand will be unjust, unfair and oppressive. This case is very similar to G.M. Tank v. State of Gujarat, (2006) 5 SCC 446.
We are satisfied, findings of Appellate Judge in criminal case clearly indicate charge against Ram Lal was not just ‘not proved’. It was ‘disproved’ [Vijayee Singh v. State of U.P., (1990) 3 SCC 190]. As long as original 8th Standard Marksheet reflected date of birth as 21.04.1972 and there is no correction or manipulation, Ram Lal cannot be penalized.
– Hon’ble Justice K.V. Viswanathan, Ram Lal v. State of Rajasthan, [Civil Appeal No. 7935 of 2023].
