‘RTI query Can’t End a Career’: HC says mre DOB discrepancy not Fraud without Undue Gain

Recently, in a significant ruling on service law and proportionality, the Allahabad High Court set aside the dismissal of a government teacher over discrepancies in his date of birth across educational records, holding that such inconsistency, absent proof of deceit or undue gain, cannot be treated as fraud, reaffirming protection against disproportionate disciplinary action.

The dispute stemmed from the dismissal of an Assistant Teacher appointed in 2014, whose service came under scrutiny following an RTI inquiry that revealed inconsistencies in the date of birth recorded across different academic documents. While earlier records reflected one date, the certificate relied upon for qualifications and appointment mentioned another.

Acting on a complaint, the competent authority initiated proceedings and, in 2019, terminated the employee’s services while also directing registration of an FIR. The petitioner challenged the action, contending that the disputed document had not been used to secure any employment advantage and that all credentials relied upon during selection were genuine and valid. The authorities, however, treated the discrepancy as suppression of material information.

Justice Manju Rani Chauhan held that the foundation of fraud lies in intent, not mere discrepancy, observing that “the mere existence of variance in the date of birth across different certificates pales into insignificance” in the absence of any finding of deliberate deception or undue advantage. The Court noted that none of the petitioner’s qualifications was alleged to be forged and that he remained eligible irrespective of the differing dates. Applying the doctrine of proportionality, it ruled that termination was an excessive response to a non-prejudicial irregularity.

Consequently, the dismissal order was quashed, and the petitioner was directed to be reinstated, albeit without back wages under the “no work, no pay” principle. Liberty was granted to authorities to act afresh if any document is later found to be fabricated.

Source PTI