NO.2809759H EX-RECRUIT BABANNA MACHCHED versus UNION OF INDIA AND ORS.

Citation: [2024] 2 S.C.R. 242 · Decided: 09-02-2024 · Supreme Court of India · Bench: BELA M. TRIVEDI, PANKAJ MITHAL · Disposal: Appeal(s) allowed

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Judgment (excerpt)

* Author
[2024] 2 S.C.R. 242 : 2024 INSC 95
No.2809759H Ex-Recruit Babanna Machched 
v. 
Union of India and Ors.
(Civil Appeal No. 644-645 of 2017)
09 February 2024
[Bela M. Trivedi and Pankaj Mithal,* JJ.]
Issue for Consideration
The appellants were dismissed/discharged from service on the 
ground that at the time of their enrollment in the Army through 
Maratha Light Infantry Regimental Centre under the Unit 
Headquarters Quota in December, 2009 they had produced false 
relationship certificates which upon verification were found to be 
manipulated and false. The points which arise for consideration are: 
(i) Whether the appellants were enrolled/recruited by giving benefit 
of relationship with the servicemen/ex-servicemen; (ii) Whether 
the appellants have produced any relationship certificate(s); (iii) 
Whether their discharge/dismissal from service is bad in law for 
non-consideration of their explanation.
Headnotes
Service Law – Dismissal from service – Allegation of producing 
false relationship certificate – The appellants contended that 
they were recruited under the general category and not on 
priority basis as relatives of any servicemen or ex-servicemen; 
and they have not produced any relationship certificate and, 
therefore, they cannot be charged for obtaining enrollment/
recruitment on the basis of fake relationship certificates:
Held: The appellants have brought on record zerox copies of their 
applications submitted for the purposes of enrollment/recruitment 
– The application(s) nowhere mentions that they have produced 
any relationship certificate(s) – The application(s) thus clearly 
establishes that the appellants appear to have applied as a 
general category candidate(s) against the surplus seats/vacancies 
remaining unfilled after considering the priority/reserved quota for 
relatives of servicemen/ex-servicemen, etc – In such a situation, 
when they have not claimed any enrollment/recruitment on the basis 
of relationship with servicemen/ex-servicemen, obviously there was 
no occasion for them to submit any relationship certificate – In 
the discharge certificate, there is no mention of any inquiry being 
[2024] 2 S.C.R. 
243
No.2809759H Ex-Recruit Babanna Machched v. 
Union of India and Ors.
conducted or find out as to whether the appellants had actually 
produced relationship certificates for the purpose of enrollment/
recruitment – Tribunal had affirmed the discharge/dismissal order 
in a casual manner without taking note of the crucial point that 
appellants had applied under general category and not as relatives 
of servicemen/ex-servicemen – Thus, the orders of discharge/
dismissal of the appellants stand vitiated for non-consideration of 
the material aspect – Thus, the discharge/dismissal orders of the 
appellants set aside. [Paras 17, 19, 20, 24, 27]
Case Law Cited
S.N. Mukherjee vs. Union of India, [1990] 1 Suppl. SCR 
44 : (1990) 4 SCC 594; Mohinder Singh Gill vs. Chief 
Election Commissioner, [1978] 2 SCR 272 : (1978) 1 
SCC 405 – referred to.
Ex Sig. Man Kanhaiya Kumar vs. Union of India and 
Ors., [2018] 1 SCR 679 : (2018) 14 SCC 279; S. Muthu 
Kumaran vs. Union of India and Ors., [2017] 1 SCR 
550 : (2017) 4 SCC 609 – held inapplicable.
List of Acts
Armed Forces Tribunal Act, 2007.
List of Keywords
Service Law; Dismissal from service; False relationship 
certificate; Relatives of servicemen/ex-servicemen; General 
category; Material evidence; Non-consideration of relevant 
material; Principles of Natural Justice.
Case Arising From
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.644-645 of 
2017
From the Judgment and Order dated 06.03.2014 in O.A. No.159 of 
2013/05.06.2014 in M.A. No.247 of 2014 in O.A. No.159 of 2013 of 
the Armed Forces Tribunal, Regional Bench, Kochi, Circuit Bench 
at Para Regimental Training Centre, Bangalore and order dated 
18.11.2015 in M.A. No.373 of 2015 in R.A. No.15 of 2015 in O.A. 
No.159 of 2013, S.R.A. No.15 of 2015
With
Civil Appeal Nos.652-653, 642-643 And 654-655 of 2017
244
[2024] 2 S.C.R.
Digital Supreme Court Reports
Appearances for Parties
Vinay Navare, Suhaskumar Kadam for M/s. Black & White Solicitors, 
Advs. for the Appellant.
Ms. Aishwarya Bhati, ASG, R. Bala, Sr. Adv., V. V. V. Pattabhi Ram, 
Anmol Chandan, Prahlad Singh, Ms. Nidhi Khanna, Ms. Poornima 
Singh, Ashwin Joseph, Dr. N. Visakamurthy, Mukesh Kumar Maroria, 
Advs. for the Respondents.
Judgment / Order of the Supreme Court
Judgment
Pankaj Mithal, J.
1.	
Learned counsel for

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