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constitutionality

(Querist) 29 April 2009 This query is : Resolved 
a person 'A' acquired a fake Engineering certificate from a university and doing a job since 4 years. recently the employer identified as it is fake certificate. now the employer, to what extent, he can take an action and further, to what extent, he can initiate and institute the legal proceedings?
therefore you all intellectuals may pleased to advice....
thanking you all, in advance...
Y V Vishweshwar Rao (Expert) 29 April 2009
1- As he is not entitled to do job with False Qualification Certificate , the employer will take action to remove him from Job.

2- The Employer has to Assess what loss /damages caused to him during the Services of the such person and try to recover the same

3- Fraud and Cheating played on the Employer by the Employee by showing false Certificates , to show his qualifications and Skills , to get the job , the employer may take action accordingly

3- The Employer may report the matter to the Institute / University named in the false Certificates, to take Action

N.K.Assumi (Expert) 29 April 2009
No he can not continued in service. Even students who copied in the examinations and passed and persued further studies were called back by the College and their cerificates were cancelled after discovering their unfirments in the examinations. As such he can not continued in service, as he has intentionally cheated the employer with fake certificate.
A V Vishal (Expert) 29 April 2009
The employer can file cases broadly under the following section of the IPC:

Section 198. Using as true a certificate known to be false


Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

463. Forgery.


1[Whoever makes any false documents or electronic record part of a document or electronic record with, intent to cause damage or injury], to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.


Section 464. Making a false document


1[A person is said to make a false document or false electronic record-

First-Who dishonestly or fraudulently-


(a) Makes, signs, seals or executes a document or part of a document;

(b) Makes or transmits any electronic record or part of any electronic record;

(c) Affixes any digital signature on any electronic record;

(d) Makes any mark denoting the execution of a document or the authenticity of the digital signature,

With the intention of causing it to be believed that such document or part of document, electronic record or digital signature was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed; or


Secondly- Who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with digital signature either by himself or by any other person, whether such person be living or dead at the time of such alteration; or

Thirdly- Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his digital signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alterations.]

Section 468. Forgery for purpose of cheating


Whoever commits forgery, intending that the 1[document or Electronic Record forged] shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.


Section 471. Using as genuine a forged document or electronic record
471. Using as genuine a forged 1[document or electronic record].



Whoever fraudulently or dishonestly uses as genuine any 1[document or electronic record] which he knows or has reason to believe to be a forged 1[document or electronic record], shall be punished in the same manner as if he had forged such 2[document or electronic record].






Swami Sadashiva Brahmendra Sar (Expert) 29 April 2009
he can be dismised from service and can be prosecuted as advised by ld. vishal ji.
adv. rajeev ( rajoo ) (Expert) 30 April 2009
I agree with vishal.
Guest (Expert) 30 April 2009
The employer has to follow the principles of natural justice - issuing charge sheet, holding domestic enquiry, proving the charge, giving opportunity regarding the proposed punishment and finally dismissal. Straight away dismissal invite legal objections from the court of law.
Y V Vishweshwar Rao (Expert) 30 April 2009
Sri Prbhaker has rightly comented that while taking any action the procedue and the principles of Natural Jutice to be followed
N.K.Assumi (Expert) 01 May 2009
I agree with Prabakhar, regarding the doctrine of Natural Justice.
B.B.R.Goud. (Querist) 07 May 2009
thank you very much, friends.


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