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production of fake ST Certificate at the time of recruitment

(Querist) 09 January 2010 This query is : Resolved 
After verification of Caste certificate the concerned District Authority held that the ST certificate produced by Mr XXX at the time of appointment is fake and not issued by the Dist Authority. But he is infact belongs to ST category and issued a fresh certificate. The Departmnent after conducting proper enquiry removed Mr XXX from service on the allegation of 'production of fake certificate at the time of appointment'.
Now Mr xxx has submitted a appeal petition to his higher authority for his reinstatement.
Whether he is fit for reinstatement or otherwise ?
B K Raghavendra Rao (Expert) 09 January 2010

Belonging to ST is one issue. Producing a forged certificate is another issue. Here, we have to understand that though Mr. XXX belonged to ST, he had produced a certificate to that effect which was forged. Since, Mr. XXX has been removed from service after proper enquiry, he is not fit for reinstatement.

However, an appeal may be preferred on the ground that punishment awarded is disproportionate to the offence committed, if he has sufficient grounds to contend that the forged certificate produced by him was believed bonafide by him to be genuine and not forged one.
Raj Kumar Makkad (Expert) 10 January 2010
I agree with Rao.


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