• How to exploit a fake caste issue

I will be glad if some one can educate me about this issue.

I would like to file a petition about a person who obtained police job in Scheduled Tribe(ST) Quota in Andhra Pradesh by providing fake details.
He belongs to an upper caste (OC, which doesn't have any reservation).

He has been working in the police department for over 26 yrs now.
He has 2 daughters and he mentioned their caste as (OC which doesn't have any reservation ).

We filed an RTI asking for his caste under which he obtained the police job and we got a reply stating that he joined in ST Quota.
We also have evidence that his daughters belong to Upper Caste (Proof: caste mentioned in 10th Grade Certificate).

I would like to know to whome i should address the petition to , Since he is working in police department attached to SP office i would like to address it to the top most officials so that no Goof-up would be done after filing the petition.

I would also like to know if there is any Risk for me in filing this petition.
This person is very aggressive in Nature and has a Criminal Case Registered against his name.

I will be more than happy if someone can give me the necessary Information as how to and where to file the petition so that strict action would be taken on this.

Regards,
Dinesh N.
Asked 8 years ago in Criminal Law
Religion: Hindu

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7 Answers

1. Then lodge complaint with the local Police about such forgery.

2. If the local police does not work then file a writ petition in high court .

3. File writ petition in high court only if you have a copy of general caste certificate of his daughter.

4. otherwise on the basis of mere suspicion the court may not interfere.

Devajyoti Barman
Advocate, Kolkata
23575 Answers
533 Consultations

1) you can complain to the Commissioner of Police that person obtained job by false caste certificate . also lodge complaint with The district collector as well as the Chairman of Scheduled Tribe Caste Certificate Scrutiny Committee

2) SC has held that persons getting jobs by such falsehood they shall be terminated from service,

3) Where a person secures an appointment on the basis of a false caste certificate, he cannot be allowed to retain the benefit of the wrong committed by him and his services are liable to be terminated.

Ajay Sethi
Advocate, Mumbai
98915 Answers
8044 Consultations

it is not necessary that you file writ petition in HC

2) file complaint with District collector of your district and Scheduled Tribe Caste Certificate Scrutiny Committee

3) if no action is taken then file writ petition in HC

Ajay Sethi
Advocate, Mumbai
98915 Answers
8044 Consultations

That is why asked to file writ petition in high court only agaisnt police inaction.

A general caste proof of any of his children is necessary to prove his fake caste.

Devajyoti Barman
Advocate, Kolkata
23575 Answers
533 Consultations

I will be more than happy if someone can give me the necessary Information as how to and where to file the petition so that strict action would be taken on this.

How are you related or affected by this person's alleged fake certificate.

In any case if you still would like to prefer a complaint against this person who is believed to have faked the community certificate you have to produce the proper details with concrete evidence along with your complaint to the district superintendent of police with a copy to the directorate of vigilance and anti corruption wing.

T Kalaiselvan
Advocate, Vellore
89117 Answers
2436 Consultations

Please educate me on what evidences should i provide other than general caste certificate to prove that he belongs to an upper caste .

We tried filing a case in the local police station, since he is the department he influenced people and no one would take up my case. Is there any alternative other than writ petition?

Also i need help in drafting the petition to send it to the higher officials

Let him work in the superintendent of police office or he be himself a SP, all are common before law.

Before approaching court for remedy, you should exhaust the remedies available within the department.

If the department is not taking any action on this then you may file a request letter seeking action taken on the complaint through RTI act and then with the reply you may prefer a writ petition before high court as suggested by many others.

T Kalaiselvan
Advocate, Vellore
89117 Answers
2436 Consultations

hello,

I do not think so that there is any other alternative, the best remedy is to file a writ of quo warranto with all the necessary documents.

Regards

Anilesh Tewari
Advocate, New Delhi
18099 Answers
377 Consultations

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