Appointing Authority Cannot Resort To Disciplinary Proceedings As Long As Caste Certificate Is Not Cancelled: Patna HC

The appellant, in the instant appeal, assailed the order of the Single Judge.

The Division Bench comprising Justice P. B. Bajanthri and Justice S. B. Pd. Singh said, “ In terms of the aforementioned averments made, it is crystal clear that as on this day issue relating to cancellation of caste certificate is still pending consideration before stated to be identified authority in the light of Resolution dated 8th November, 2007. It was notified in the Gazette on 19.10.2015 vide Annexure C series, therefore resorting to disciplinary proceedings and concluding the same while imposing the penalty of dismissal from service is clearly premature. On this score also, order of the dismissal as well as order of the learned Single Judge are set aside.”

Advocate Indu Bhushan represented the Appellant while Additional Advocate General Anjani Kumar represented the Respondents.

The appellant had joined the services of State of Bihar as an Assistant Engineer in the year 1987 pursuant to Advertisement through the Bihar Public Service Commission. He had claimed his candidature under Scheduled Caste category with reference to the fact that he belongs to ‘Chamar’ Caste. His father was a resident of Uttar Pradesh and he was in the Indian Railways and had been posted in the State of Bihar. He married a resident of Saran District (now Siwan) and obtained residential certificate and Scheduled Caste Certificate in the State of Bihar to claim certain service benefits including monetary benefits and the same was granted.

In the year 2017, the official respondents noticed that Domicile Certificate dated and Scheduled Caste Certificate were not in accordance with law with reference to the fact that he was not a permanent resident of the State of Bihar. The disciplinary proceedings were initiated on the count that he had obtained false certificate of Domicile as well as Scheduled Caste Certificate. The penalty of dismissal from service was imposed upon him but the certificates were not canceled.

The Bench was of the view that in the absence of cancellation of Caste Certificate, imposing penalty of dismissal from service was premature and this fact wasn’t examined by the Single Judge. After going through the averments, it was further observed that the issue relating to cancellation of caste certificate was still pending consideration before stated to be identified authority.

After analyzing the decisions in respect of production of false caste certificate and consequentially canceling the caste certificate and further taking action of imposing penalty of dismissal/termination, the Bench enumerated the following key points:

• Intent is immaterial: The Court has ruled that it does not matter, if the certificate was submitted fraudulently or due to a mistake.
• Protecting is harmful to good governance: The Court said that protecting ineligible people can harm good governance by allowing them to scarce resources and violate rights of eligible people.
• Scrutiny Committee’s order is final: The Scrutiny Committee’s order to cancel and confiscate a false caste certificate is final and can only be challenged in the High Court
• Communicate to educational institution or appointing authority: The Scrutiny Committee should immediately communicate the cancellation of false certificate to the educational institutions or appointing authority. The institution or authority should then cancel the admission or appointment without further notice to the candidate.
• Verification of Certificate: The government has instructed the appointing authorities to verify the authenticity of Scheduled Castes and Scheduled Tribes Certificates / OBC certificates through the competent authority and the certificate holder’s permanent residence. If the verification reveals that the claim is false the candidate’s service should be terminated.

“In the light of the aforementioned culled out points, in the present case, as long as caste certificate is not cancelled or confiscated a false caste certificate by the Caste Scrutiny Committee, the appointing authority cannot resort to disciplinary proceedings and to impose penalty, therefore, the impugned decision of the respondent insofar as imposing the penalty of dismissal from service on the appellant is technically premature in the light of principles laid down by the judicial pronouncements cited supra”, the Bench held.

Thus, allowing the appeal, the Bench directed the concerned authorities to take a fresh action for cancellation of both the certificates in accordance with law within a period of 6 months failing which any action to be taken against the petitioner insofar as alleged false Caste Certificate and Domicile Certificate would stand terminated.

The Court also asked the Department to settle all his monetary and service benefits which are due to him on account of his retirement including pay fixation and other service benefits.

Cause Title: Rajive Nandan Mourya Son of Late Thakur Prasad v. The State of Bihar [Letters Patent Appeal No.643 of 2021]

Appearance:

Appellant: Advocate Indu Bhushan

Respondents: Additional Advocate General Anjani Kumar

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