Recently, the Patna High Court dealing with the issue of false caste and domicile certificates, ruled on the appeal against the dismissal of the appellant from service. The court addressed the procedural lapses in the cancellation of caste certificates and the legality of imposing a penalty of dismissal without proper verification.
Brief Facts:
In the present case, the appellant an Assistant Engineer with the Water Resources Department, Bihar, had claimed Scheduled Caste status based on certificates issued in 2014, despite his father’s non-residence in Bihar. The certificates were later found to be issued in violation of the law, leading to a departmental inquiry. The appellant contended that his domicile certificate was valid as he had been residing in Bihar since his appointment in 1987. However, disciplinary proceedings were initiated for the false certificates. The State government, relying on the Bihar Reservation of Vacancies in Posts & Services (for Schedule Castes, Schedules Tribes and other Backward Classes) Act, 1991, proceeded to dismiss the appellant, even though the certificates were not formally cancelled under the law. The petitioner challenged this dismissal, asserting that the cancellation process was incomplete and that the penalty was premature.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner argued that the State Government had failed to cancel the caste and domicile certificates as per the required legal process. They pointed out that under the Bihar Act of 1991, no rules had been framed for the cancellation of such certificates, rendering the dismissal premature. The counsel referred to the Supreme Court’s decision in Kumari Madhuri Patil and emphasized that cancellation of the certificate should precede any disciplinary action. The Counsel further highlighted that the disciplinary proceedings should have awaited the cancellation of the certificates by the competent authority before any penalty could be imposed.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent contended that despite the lack of formal rules under Section 15 of the Bihar Act, the State Government had issued resolutions to address the verification of caste certificates. They argued that the appellant’s caste certificate was being verified and thus the disciplinary action was justified due to the ongoing misrepresentation. The Counsel also mentioned that the verification process was still pending, but the appellant’s conduct in obtaining the false certificates warranted the action taken against him.
Observations of the Court:
The Court noted that there were significant procedural issues in the cancellation of the caste certificate. The Court pointed out that Section 15 of the Bihar Reservation of Vacancies in Posts & Services Act, 1991, requires the State Government to frame rules for the verification and cancellation of caste certificates, which had not been done at the time of the appellant’s dismissal. In the absence of these rules, the Court observed that any action taken to cancel the certificate was beyond the scope of the law, rendering such actions invalid.
The Court further emphasized that in the case of Kumari Madhuri Patil v. State of Maharashtra (1994), the Supreme Court had clarified the procedure that must be followed before any penalty can be imposed on a government servant who submits a false caste certificate. The relevant observation from the Supreme Court’s judgement, stated, “The certificate issued by the competent authority shall be considered valid until it is cancelled. No action should be taken against an employee for producing such certificate, unless it has been cancelled in a manner prescribed by law”. This directive from the Supreme Court was found to be directly applicable in the present case, where the caste certificate had not yet been formally cancelled by the competent authority.
The Court also critically examined the State Government’s reliance on the resolutions issued to address caste certificate verification, noting that resolutions could not substitute legally framed rules. The Court held, “It is the duty of the State Government to frame rules under Section 15 of the Bihar Act. In the absence of such rules, no verification process can be considered valid, and thus, any disciplinary action based on such verification would be premature and legally unsustainable”. Further, the Court clarified that the process of cancellation was not merely a formality but a legally mandated procedure that must be followed for the proper administration of justice. The Court opined that until the certificate was officially cancelled, the appellant could not be subjected to any adverse action, including dismissal.
The decision of the Court:
The Court quashed the dismissal order, emphasizing that the appellant’s dismissal was premature due to the failure to follow proper legal procedures for certificate cancellation. The Court’s verdict highlighted the necessity of adhering to the law before imposing any penalty and reiterated the importance of procedural fairness. It concluded that the State Government must first follow the prescribed procedure for cancellation of the caste certificate before any disciplinary actions could be taken. the court set aside the decision of the learned Single Judge and allowed the appeal, restoring the appellant’s service pending proper verification of the caste certificate.
Case Title: Rajive Nandan Mourya v. The State of Bihar & Ors.
Case No.: Civil Writ Jurisdiction Case No. 24171 of 2018
Coram: Justice P.B Bajanthri, Justice B. PD. Singh
Advocate for Petitioner: Adv. Indu Bhushan
Advocate for Respondent: Adv. Anjani Kumar
Read Judgment @LatestLaws.com
Picture Source :
