What are the legal consequences if someone is found making use of fake caste certificate in govt job
Soyam Ramesh
(Querist) 03 December 2015
This query is : Resolved
Dear sir,
An employee in a Central govt depot,has been working for 20 years in the organisation by submitting fake caste certificate at the time of his appointment. He is in fact falling in EBC Category ,But he is now working under ST certificate.How to prove or may someone lodge a complaint against his usage of caste certificate because ,known to me that, not only him,he's also using the same fake caste for his children's education too.How to proceed legally to stop him and what are the consequences If he is proved guilty? please reply sir, it's very much needed info.
Thanking you.
Sudhir Kumar, Advocate
(Expert) 03 December 2015
first of all a complaint is to be made to the authority which issued the certificate.
unless the certificate is cancelled no action can be taken against him.
Soyam Ramesh
(Querist) 03 December 2015
Thank for your kind reply, sir.
The person who joined in our central govt org. is very politically influenced one, and he managed even our deportment since from his appointment. That's the problem,sir. In fact he is from AndraPradesh and,our central govt depot(DAE)is in Telangana now. He's locally active in local ruling party,TRS. He even threatened me when I questioned his caste status. may I go to Andrapradesh to complain about his caste verification or shlould I complain about his caste verification directly at our depot ? Please advice me sir.
Soyam Ramesh
(Querist) 03 December 2015
Sir, may I directly approach our deportment management authorities, complaining about his fraudulent recruitment and submission of fake caste certificate at his joining? could I ask our deportment for inquiry of his caste ,will they inquire it thoroughly in this case.?Because Iam doubtful in this regard. So may I request our district Collector to inquire and look into this matter,sir. Please advice me sir.
P. Venu
(Expert) 03 December 2015
You can take up the matter with any of the authorities.
Guest
(Expert) 03 December 2015
So, you want the experts to suggest you how to harm some one in service to help you take some revenge from him?
Rajendra K Goyal
(Expert) 03 December 2015
You can lodge complaint with the department director / vigilance etc.
Kumar Doab
(Expert) 03 December 2015
If you complain then authorities are duty bound to check and act.
If you have the evidence that certificate is fake then authorities are duty bound to check and act.
Soyam Ramesh
(Querist) 03 December 2015
Thank you sirs for giving me valuable advise.No, PS Dhingra sir, Iam not intended to harm him,but in fact he ,the fake ST certificate holder of OBC,wanted to harm me and and ST community emplyees at here. One of my ST employees earlier complained about him at deport athorities.But my friend was threatened by local leaders and even police. Police CI warned my friend directly not to do like this. actually I was too threatened to do so by his political influence . That's the reason why I ask your most important advise,sirs. I even don't know how to and where I initiate. May I directly lodge a complaint on him at District collector office or to approach civil court with my attribution? That fake certificate holder is from Andra before bifurcation of AndraPradesh. In case He has it from his HOme town,Vijayanagaram,AP, How can I get evidence from there.? As Iam aware of his caste status in his job,may I raise or attribute him with a complaint?, Because I think the caste inquiry process on him may be started by the deportment or concerned govt offices where I complained.
Soyam Ramesh
(Querist) 03 December 2015
Sirs, what i/we(ST employees) knew about him is that he is not an ST at all,may be this can't be the evidence. Only one document evidence that I obtained by RTI from local MRO office, is that his Surname ïs not in our ST community. If physical inquiry starts by Panchayat or any deport honestly, within half-an-hour inquiry is enough to find the truth. One friend told me If I sue it in court of law,He ,the accused, could simply bring a 'stay' against his removal and he can even finish service of 10 more years. So Iam really confused how to tackle this.
Guest
(Expert) 03 December 2015
Go ahead only if you can prove your allegation effectively. Otherwise, the consequences can also be harmful to you, if you are proved wrong.
Soyam Ramesh
(Querist) 03 December 2015
I'm thankful to you sirs for your most important advise, Now I'm confident to go on. I will succeed. I Hope one of ST eligible un-employees may get benefited by my decision to proceed.
Guest
(Expert) 03 December 2015
Wish you the best for your decision!
Sudhir Kumar, Advocate
(Expert) 03 December 2015
you said
" I ask our deportment for inquiry of his caste ,will they inquire it thoroughly in this case.?Because Iam doubtful in this regard. "
deptt is nobody to inquire into validity of caste certificate merely if you doubt.
approach the authority who issued the certificate.
Sudhir Kumar, Advocate
(Expert) 03 December 2015
you said
"Iam not intended to harm him"
then why are you wasting time in this query whemn you do not want any harm to him.
Soyam Ramesh
(Querist) 03 December 2015
Sudhir Kumar sir, In my opinion, what I wanted to do in this issue is to do justice to the deprived one. If someone claims as true the fake caste certificate, another real person can be deprived of it. So, my legal query is to start legal procedure on that fake certificate holder. it doesn't necessarily mean 'harm to the guilty', it would be logically proper action if he is punished.
Thank sir for your reply.
Sudhir Kumar, Advocate
(Expert) 04 December 2015
BE CLEAR.
You cannot seek justice in this case without harming the person.
He cannot be stopped from getting reservation unless the certificate is cancelled by Tehsildar/SDM who issued the same.
Soyam Ramesh
(Querist) 04 December 2015
May be you are right, Sudhir sir. I think one's perspective is more important in this case. In his(accused) view, It would be harm to him,but in legal view, it's justice.
Sudhir Kumar, Advocate
(Expert) 04 December 2015
YOU SAID
"May be you are right, Sudhir sir"
ACTUALLY YOU MEAN TO SAY THAT THE VIEWS OF MR SUDHIR KUMAR ARE NOT CORRECT AS PER YOUR WISDOM (which you call perspective).
the advise given here is free. You cannot expect experts to say what you want to hear.
If you have detected that the person is availing wrongful benefit by false caste certificate then :-
(i) if the certificate is forged, then deptt will send it to the SDM/Tehsildar for verification on receipt of your complaint. if Found fraudulent then deptt can initiate disciplinary actin /FIR against him.
(ii)If the certificate is not forged but obtained fraudulentsly then the SDM/Tehsildar will refer it to committee and the certificate may be cancelled and FIR may be initiated against him. On receipt of this information the deptt may initiate disciplinary action/FIR or simply terminate him.
in either case the reservation benefit be given to rightful claimant.
In both cases harm will be caused to the person and YOU HAVE NO ROLE AND REMEDY IN SUCH ACTION AGAINST HIM.
SAINATH DEVALLA
(Expert) 04 December 2015
This is UR second similar query today
www.lawyersclubindia.com/experts/May-I-ask-someone-s-caste-under-RTI-a,
Mr Ramesh,instead of arguing with the legal experts with UR academic query,can U clarify if UR query is real or fictitious or academic.
Soyam Ramesh
(Querist) 04 December 2015
sir, My query is absolutely true, and I can even furnish you the details of that culprit.What you said here to me and I surely agree with you is that" You cannot expect experts to say what you want to hear." My problem here is, the employee of Central govt,Depott of Atomic Energy, is not from where he is working as of now. He was from Andra when his appointment in DAE.Now he's in Telangana where depot or work place is now. He probably(I dont know exactly from where he brought that caste certificate)brought that certificate from his own state AP and district Vijayanagaram. Iam not at all willing to go there and ask for his details at that initial office. But one thing is clear, He is not an ST employee(which I found it by my near-by reliable sources).He surely belongs to EBC. In this instance, I would like to go in right direction. Because prompt Verification is needed to confirm it by the relevent offices.
Next is 'harm to the guilty'.This is equal to 'good to the real one who is deserved to get it in place that person'.
Soyam Ramesh
(Querist) 04 December 2015
Sudhir Kumar sir, I beg your reply to my second query, that is, "can I ask someone's caste at Tahasildar/MRO Office ,under RTI act?" . Because, I came to know that this kind of question earlier was rejected by the office as they consider it as third party information. And when I've gone thro' the RTI act,2005, It wasn't seen too obvious. General conditions are proclaimed and there are no practical examples by which the info-giving offices could easily escape from the questions raised by applicants.
Sudhir Kumar, Advocate
(Expert) 05 December 2015
i feel like not giving you anymore free views as I do not want to hear
"May be you are right, Sudhir sir"
Soyam Ramesh
(Querist) 05 December 2015
Sudhir Kumar sir, "May be you are right" is one of my false arguments/replies. I surrender to you and seek apologies. . After having conversation with you, I've got a clean plan how to go on in this case. For this, I'm very much thankful to all of you sirs. Who am I to argue with you and which stuff I have to argue with you, sirs.?
thanking you sir everyone participated in query.
Guest
(Expert) 05 December 2015
Repeated query please
K.S.Srinivas
(Expert) 08 December 2015
You can file application seeking copy of caste certificate under RTI Act 2005 to the district collector concerned who has issued the caste certificate.
Also you can file a complaint to the DAE authorities alleging that he has produced a fake case certificate at the time of recruitment. In turn the Department may write to the collector for verification of the caste certificate.
