Illegal issue of caste certificates
Animesh sharma
(Querist) 17 May 2016
This query is : Resolved
Hi
This query is regards to illegal issuance of caste certificate to one of my friend.. My friend being a General caste residing in south 24 parganas here in kolkata has obained an original Sc certificate from north 24 pargana administrative office..
I was astonished as how the certificate issued to him was original? I checked wit the certificate number in the caste certificate site and its showing all right.. How is this possible? He already got a job in a govt bank with the help of his certificate and was confirmed too recently. Will there be no verification furthet? Although his document was collected from the counter and is a real one he is still a general candidate. Please suggest what can be done
Sudhir Kumar, Advocate
(Expert) 18 May 2016
caste certificate is issued on the basis of report of Patwari on the application of the candidate.
If you are a fully urban background then may not be knowing above Patwari as to (i) how low the post is(ii) how powerful the post is (iii) how does their pen works.
In all probability this certificate has been fraudulently obtained by bribing (if he is not SC).
Deptt was at the time of appointment expected to verify the authenticity. You have already confirmed that it is authentic.
Beyond this you have not asked anything.
Animesh sharma
(Querist) 18 May 2016
Yes Sir.... The certificate is a real one and he obtained it by bribing i think.so how come during verification he was not caught?
So does it mean that if one can get a authentic certificate then one can get away with it and during verification also therr will be no consequences? Is it so easy if you bribe?
RAVI K GOUD
(Expert) 18 May 2016
How you are related to this? Are you aggrieved with this act? What is your status? What do you want from this issue. Specify clearly......
Animesh sharma
(Querist) 19 May 2016
Yes sir i am deeply aggrevied with this act that how can a general caste student become sc from a different residential address and secure a govt job and got confirmed even after verification was confirmed.... I hope its loud and clear for you now
RAVI K GOUD
(Expert) 19 May 2016
So if you are aggrieved then file a complaint or case before the proper forum or court. Burden of proof will lie on you to substantiate your plea.
As you said The opposite party is one of your friends, just think of the straining off your relation with your friend before filing the complaint. Go forward only when you are having the authenticated info and proofs otherwise it bounce back.. be careful.
Sudhir Kumar, Advocate
(Expert) 19 May 2016
During verification the authenticity of certificate is confirmed. One can only get caught if the certificate is forged.
issuing authority will confirm the authenticity as long as they have issued certificate
person is liable for disciplinary action, termination of service and FIR can be filed.
Before that the caste certificate has to be cancelled by the issuing authority.
Animesh sharma
(Querist) 19 May 2016
Sudhir ji.. Like you said... The certificate should be a forged one but in this case the certificate is real and had been issued from the sdm office what to do in this case? Also he belongs to south 24 parganas and the caste certificate was issued from north parganas could this address thing be a ground to complain against him? Please suggest
Animesh sharma
(Querist) 19 May 2016
Sudhir ji.. Like you said... The certificate should be a forged one but in this case the certificate is real and had been issued from the sdm office what to do in this case? Also he belongs to south 24 parganas and the caste certificate was issued from north parganas could this address thing be a ground to complain against him? Please suggest
Dr J C Vashista
(Expert) 20 May 2016
Obtain a copy of certificate and file a writ of certirori and mandamus petition before Calcutta High Court, if you can prove.
Consult a local lawyer for proper appreciation of facts, documents, analyse and proceed.
Advocate. Arunagiri
(Expert) 20 May 2016
You can write to the District collector for cancellation of the SC community certificate along with documentary proofs.
Inquiry will be ordered, you can appear in person before the enquiry committee and prove it.
If there is no enquiry is ordered, approach the High court and get direction by Writ.
Animesh sharma
(Querist) 21 May 2016
I have no proof that the document was fraduently obtained its just that the person lives in south 24parganas and the certificate was issued from the SDM office in north 24 parganas.. And the document is original and both the places fall within the same state that is west bengal. So if the certificate is original then how do i prove that it was fraduently obtained?
Animesh sharma
(Querist) 22 May 2016
But his document is original that is the main problem
Kumar Doab
(Expert) 22 May 2016
Even if the certificate is authentic and not faked he is not a SC, that is what you have repeated.
If you wish you have to approach the authority.
Dr J C Vashista
(Expert) 22 May 2016
You have adequately been advised by experts, for further query and proceeding you will have to engage a local lawyer.
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