Bogus caste certificate cases
raja
(Querist) 30 October 2014
This query is : Resolved
Please explain Hindu succession act?
Isaac Gabriel
(Expert) 30 October 2014
How was it detected?On complaint or by verification by the screening commitee?In the latter case both are imminent.
Sudhir Kumar, Advocate
(Expert) 30 October 2014
please state fact of the case.
there is no provision for salary recovery.
Rajendra K Goyal
(Expert) 30 October 2014
He can be dismissed and criminal case can be registered against him. Salary would not be recovered.
Sudhir Kumar, Advocate
(Expert) 30 October 2014
but first be clear whether the cast certificate is forged or obtained fraudulently.
raja
(Querist) 30 October 2014
It is not forged /fraudulently taken, at that time revenue authorities assumed caste like that later they are realised and now they have not issued any certificates.
Here I am enclosed the act, says the following for recovery of allowances and financial benefits in the form of land revenue.
"Section 10.(1) Whoever not being a person belonging to any of the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category secures admission in any educational institution against a seat reserved for such Castes, Tribes or Classes, or secures any appointment in the Government local authority or in any other Company or Corporation, owned or controlled by the Government or in any Government aided institution or Co-operative Society against a post reserved for such Castes, Tribes or Classes by producing a false Caste Certificate shall, on cancellation of the Caste Certificate by the Scrutiny Committee be liable to be debarred from the concerned educational institution, or as the case may be, discharged from the said employment forthwith and any other benefits enjoyed or derived by virtue of such admission or appointment by such person as aforesaid shall be withdrawn forthwith.
(2) Any amount paid to such person by the Government or any other agency by way of scholarship, grant, allowance or other financial benefit shall be recovered from such person as an arrears of land revenue.
Isaac Gabriel
(Expert) 30 October 2014
From the given facts,you are not at fault.You can challenge the action taken against you.There are precedents when courts have permitted to continue in job.
venkatesh Rao
(Expert) 30 October 2014
Will you kindly mention the Act from which you have reproduced Sec. 10?
Advocate. Arunagiri
(Expert) 30 October 2014
The employee who obtained the job can be terminated and the salary can be recovered.
If the govt is not doing their job, any body can file a quo warranto in the High Court and get a direction to termination.
raja
(Querist) 30 October 2014
Maharastra state act
raja
(Querist) 30 October 2014
sir,
3 advocates given different opinions on salary recovery.
Advocate. Arunagiri
(Expert) 30 October 2014
In various cases the Supreme Court had held, that when the employment was obtained by giving false SC Certificate, wherein the scrutiny committe had declared the SC certificate is false, the employment becomes void. He is not entitled for any salary or any monetary benefits.
If some body obtained the appointment against a post meant for a reserved candidate by producing a false caste certificate and by playing a fraud.
His appointment to the post was void and non est in the eyes of law.
So the salary can be recovered from him.
Sudhir Kumar, Advocate
(Expert) 30 October 2014
you are not clear about the name of the act from where you have quoted and do not expect any advise on such vague expressions.
Sudhir Kumar, Advocate
(Expert) 30 October 2014
you are saying
"It is not forged /fraudulently taken,"
if it is not forged or fraudulently taken then the certificate appears to be genuine.
How it is invalid:-
(i) is cast wrongly written
(ii) is cast correctly written but is not a scheduled cast.
(ii) is the cast correctly written and was at the time of issue a scheduled case but it is now denotified.
Further, how are you connected with case
Isaac Gabriel
(Expert) 30 October 2014
If at all the revenue authorities had issued incorrect certificate,had it been subsequently cancelled? The queryist hadbeen allowed to continue for 20 years.Now he is overaged and cannot find another job,thoughheis not at fault.It is an exttaordinary situation which needs consideration.
Devajyoti Barman
(Expert) 31 October 2014
You can lodge complaint even now. 20 years of employment has not made his job valid if his caste certificate is indeed fake.
Isaac Gabriel
(Expert) 31 October 2014
May furnish a thread in which the Supreme court has said...While deciding service matters,equity should be given .....
http://www.lawyersclubindia.com/judiciary/Equity-should-be-given-top-priority-by-Courts-while-deciding-service-matters-2241.asp#.VFMLXzSUcbA
venkatesh Rao
(Expert) 31 October 2014
Burman is absolutely right. So also Sudhir Sir;If the exact act is named, i can give a correct opinion (Not merely Maharastra Act)
