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p raj (manager)     13 May 2015

Caste certificate issue

I am working in a Government Job in state electricity board. I have joined in the year 1992 based on SC Caste reservation. One of my relative alleged that I am from backward class and not  from SC  and asked for my caste certificate through RTI.

I have given my caste certificate and subsequently department  enquiry  was formed for  my caste scrutiny. The DM mentioned me as of backward community and written caste certificate was not at all issued.But this wrong, it was issued but they have no record as of now.

My query is  SC certificate was issued to us from 1950 -1995. Later on it was found that we are not from the said community and thereafter Backward caste certificate was issued to us.

By that time I have already joined the service based on SC reservation.

Many of my relatives are either working or got retired from govt post.  My uncle have already retired as a govt official based of SC  caste certificate.

Will I be prosecuted or any action can be taken against me in service. Since I have not forged any document nor given false statement for obtaining sc caste certificate. Since we were issued it before my birth itself and my college and school have sc caste written over there.

Also by far department has unable to find record of My appointment letter mentioning I got SC reservation nor the advertisement for Job through which i was selected.. Is it a must to take action.



Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     13 May 2015

the SC certificate was issued in the year 1950 by mistake or other, that was being continued till 1995. Your elders shown the certificate issued in the year 1950 or so, and basing on it they obtained the certificates up to 1995. if your department officials orders for enquiry, you have to prove that you are a SC in the inquiry. Other wise necessary action will be taken by the disciplinary authority.

advocate nitin kumar (lawyer)     14 May 2015

for best disposal of your issue kindly visit the tehsil of the city where you were born and get it clarified that the caste of your peoples is under which category and from when.

second thing, if you are recruited in some other state, then kindly get it clarified that if that same caste peoples are under the same category as in your state or not ?

third thing as you said that you were recruited in 1992 and the caste category was changed in 1995 then you absolutely have no resaons to worry for your dismissal/termination of job because the category was changed after you got appointed. (let your relative and friends say whatever they like)

  and lastly you got the job and you are not facing any problem then why worry, may be you were appointed on merits and you took the general seat even if you belonged to reserved category (as you told your appointment letter did not mentioned any caste)

 

based on the informaion you provided you need not to worry at all, if any problem comes then follow the first 3 para of this answer.

 

hoped that helped

T. Kalaiselvan, Advocate (Advocate)     16 May 2015

If you were  appointed n the reservation quota on the basis of the community certificate issued by the competent authorities, you need not worry about the falisty claim.  Further your educational certificagtes and your other relatives certificate that they belong to SC community, this will be a strong evidence in your favor that you have not produced any fake certificate for this purpose.  If the revenue department do not have record for having issued the said certificate it is their problem to prove that this caste did not belong to SC community at that time under reference. If the department is initiating any action, you can face and challenge the case/session very properly on the basis of the substantial evidences in your possession.  You may consult a local lawyer, discuss the issue with him and proceed as per his advise on further issues. 

Sudhir Kumar, Advocate (Advocate)     15 August 2015

it appears that the certificate was issue/obtained wonrgly/fraudulently.

 

the disciplinary action can be taken.

p raj (manager)     23 August 2015

but how i am guilty , as it was issued to us before my birth.


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