Fake certificate

DEAR KRISHNA PRASAD,

If he will be promoted, your remady also to approach High Court to file a Writ Petition by seeking favourable directions.

What about Notices for Promotions ?

Whether it is notified by the Governmen already? 

If not yet notification for promotions issued, then wait till the same.

After the issuance of notification of promotions, you can file a Writ Petition against the State Government by challenging the same, on the bove grounds as stated by you against your fellow coleague. 

As per Promotion  Rules for Central Govt employees,  in r/o those under suspension, chargesheeted / procecuted for criminal case and proceedings are pending , DPC has to keep their recommendations in seal cover to be opened after completion of the disciplinary/criminal proceedings. The vacancy will be filled in an officiating capacity by next official in the panel. You may check similar Rules applicable in your state/ Department.( Generally same rules apply).

Hope this clarify your query. If this is not done, you may proceed as advised above ie after orders are issued. 

Ask your  senior to file an  urgent memo to bring the  writ petition before the Court for immediate disposal.Then you will get remedy through the Court .If he is not  willing to do  as above you can file a writ petition before the High Court for the remedy.

As long as there is stay order, he can be considered for promotion. It will be wiser on your part to move the higher authorities and the HC for appropriate reliefs.

Agree with Planitkarji.

Time for this Country to have service Jurisprudence to cover entire Country service rules.

The employee was suspended and then reinstated on the directions of the High Court. Hence, there is no bar to promote him. 

As per your version his suspension has not been regularised. Regularisation of suspension period is not an impediment for promotion. He can be considered for promotion.

However, such promotion shall be subject to the outcome of the order of the High Court.

. Thank you sirs.I have further information with me to submit.

As per A.P.(SC,ST and BC) regulation of issue of community, Nativity and Date of Birth certificate Act 1993 and rules there upon  appellate authority is the Government. He wisely filed writ in the High court instead of filing appeal to government, thereby he tries to keep the issue till he retires as the high court has no jurisdiction to decide the social status as per the said act unlike in case of peoples representatives. There are several cases in which the High court disposed of the cases, after several years, directing the petitioners to approach the appropriate forum. Then the petitioners file appeal before government and will get stay orders and drag on the issue further more years till manageable, and get the case reminded, on the basis of principle of natural justice, to the District collector for further enquiry, or if possible they will get favorable orders. All this farce is quiet common here, mean while they will retire. These fellows, in competition, already exploited others opportunity by claiming fake caste certificates and again ready for another exploitation.

Therefore, I request the experts, are there any land mark judgments of higher courts related to this issue? and do i have locus stand to file writ in HC?

With regards

u may file an intervening application in his writ petition and try to get the stay order vacated.  u locus standi may be disputed but the writ petition will come up before the judge and there will be likelihood of the case being decided on merits at the earliest.

 Dear Krishna Prasad,

A pracical solution.

1. If you do not belong tot he community and he is not taking away your promotion, better not to worry.

 2. If you belong tot he community, then it is adviseable to appoach SC/ST employee association and through move the High Court. You can do it alone also. If you belong tot he community, you can see the reaction of the association.