Jharkhand Cop Joins Bihar Police Under Fake Identity, Supreme Court Upholds His Dismissal

(MENAFN- Live Mint) The Supreme Court of India on Friday upheld the dismissal of a police constable who was found to have secured employment in the Bihar Police under a false identity while serving in the Jharkhand Police, according to a Bar and Bench report.

A Bench comprising Ahsanuddin Amanullah and R. Mahadevan overturned a Jharkhand High Court ruling that had invalidated the disciplinary authority's decision to remove constable Ranjan Kumar from service.

The judgement was delivered while hearing an appeal filed by the Jharkhand government challenging a ruling of a Division Bench of the Jharkhand High Court.

According to the case details, Ranjan Kumar joined the Jharkhand Police as a constable in May 2005. In December 2007, he proceeded on a two-day leave and subsequently obtained employment in the Bihar Police under the assumed identity of Santosh Kumar.

He later stopped reporting for duty in Patna in January 2008. An inquiry initiated due to his prolonged absence reportedly revealed that Ranjan Kumar and Santosh Kumar were, in fact, the same individual.

What did the Supreme Court say?

The Court observed that Ranjan Kumar had taken two days' leave from the Jharkhand Police in 2007 and, during that period, joined the Bihar Police under the assumed name Santosh Kumar. He subsequently remained absent from his original post without authorisation.

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The Supreme Court of India mentioned that allegations of fraud, impersonation, forgery, cheating, unauthorised absence from duty and breach of service discipline were established against the constable during a departmental inquiry conducted by the Jharkhand Police, the report noted.

"The allegations concern a deliberate and premeditated fraud upon two State police forces, namely the States of Jharkhand and Bihar, by securing or attempting to secure public employment under two different names with inconsistent parentage particulars, supported by fabricated or manipulated documents," it stated.

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When the case came before the apex court, it ordered the Bihar Police to investigate the allegations involving the use of false identities.

The investigation found that the same photograph had been used in both employment applications. Further forensic examination of fingerprints, biometric data, and photographs confirmed that“Ranjan Kumar” and“Santosh Kumar” were the same individual.

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The Bench observed that genealogical records and electoral rolls indicated that differences in the father's name and surname were part of a deliberately altered identity pattern, rather than evidence of two separate individuals. In view of these clear findings, it invoked Article 142 of the Constitution to uphold the dismissal of Ranjan Kumar from the Bihar Police service.

"The material available goes far beyond mere suspicion and reasonably establishes a conscious course of deceit adopted by Respondent No. 1 for obtaining employment benefits from two sovereign employers in a disciplined force", it stated.

The bench further mentioned,“The allegations, now reinforced by forensic findings, prima facie disclose the commission of cognizable offences such as cheating, impersonation, forgery, use of forged documents and furnishing false information to public authorities under the Indian Penal Code or the corresponding provisions of the Bharatiya Nyaya Sanhita, as applicable.”

Taking these findings into account, the apex court directed the police authorities in Bihar and Jharkhand to look into the criminal dimensions of the case and proceed as per law. The Court further observed that public employment, especially in the police force, cannot be used as a means to commit fraud.

The Supreme Court observed that if those responsible for upholding the law gain entry into service through deception and forged credentials, it would significantly weaken the rule of law. In such a situation, it said that while upholding the disciplinary action, it was necessary and appropriate to initiate criminal proceedings as per law.

(With inputs from Bar and Bench)

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