mahesh (Engineer) 03 July 2013

Is there any punishment?

Dear sir,
Please help me in the following situation.
One of relative who worked for Indian army has faked his son’s caste. Actually he belongs to OBC and he has lots of money. I know that he has earned all that money illegally. He gave his son and daughter to some ST people and made his son and daughter to get ST caste and then adopted them again. His son got an engineering seat in NATIONAL INSTITUTE OF TECHNOLOGY by using ST Quota and now he is working for one of the premier PSUs in ST reservation. His daughter has done her MBA in a premier institute using ST quota and got the job in a PSU bank. I came to know all these things recently and their parents still claim that their son and daughter belongs to ST category and nobody knows that they are born to them. Further they said that they have only adopted them and have nothing to do with their caste.
His son and I work for the same company .Recently he got a promotion overtaking me even though I got better marks than him in the Promotion exam. This has bothered me a lot and in future if it again repeats I can never equal him professionally. I want to take some action against him at least to prevent any further promotions based on caste. Request you to help me.

Regards,

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4 Replies

Adv k . mahesh (advocate) 03 July 2013

this is very fine but if you have any evidences that he was actually born to that indian army OBC person and the process of giving to SC person and then his father adopted him legally again you can take action

but here how you want to take action if the person who has adopted the child his caste will be his adopted parents caste not his natural father caste and how come his actual is keeping his caste as SC

mahesh (Engineer) 04 July 2013

Sir,

Thank you for your reply.I think i donot have any sunstantial proofs to proove that they are biological father and son.But as iam seeing him from my child hood iam sure about this.Further iam not sure that he has been adopted legally or not.But his surname and his father's surname are different.I heard that they have given some huge money to the SC family and they kept those people as security gaurds for looking after their farms and estates.As we have no direct evidence,is there any minute possibility of getting DNA test done for them.Or these types of tests are done in high magnitude cases only?

Regards,

Mahesh.

Sudhir Kumar, Advocate (Advocate) 06 July 2013

an adopted child :-

(i) has no relation with natural parent.

(ii) cannot be readopted.

adoption may be further illegal as you have not stated further facts. Adoption of daughter canbe accepted be a person having no daughter and a person without son can adopt son. A child above 50 cannot be adopted. A non-hindu child cannot beadopted by Hindu.

If he is ex-army person then army will be having record of birth of his children. You need to have his number or last unit service or date of retirement and can get details under RTI.

You can get the details of cast certificate under RTI.

The case reported by you is criminal offence if facts stated by you are true.

mahesh (Engineer) 08 July 2013

Dear sir,

Thank you for your reply.Can you please let me know the procedure of RTI.Where is the application form available?If we file an RTI,will the opposite person come to know about that?

Regards,

Mahesh.