My father got issued' majhwar' certificate in 1975. he retired from central government job. i am also working in central government organization using that caste certificate. In recent office dispute my father got notice to prove his sc status. on enquiry most of my grandparents belonged to mallah caste. though they are one and the same mallah are having status obc. My father got the notice from his organization. but i am also served notice from my department. How i am found guilty. my father caste on paper will be inherited by me as it is. i really did not know that my father was not sc but obc.
How will a kid know that his father has done some fraud in past. Right from my school days I suffered the discrimination of belonging to a schedule caste. Now a new charge of fraud.
1)if your father had fraudulently obtained SC certificate and you are working in Govt on basis of caste certificate your services would be terminated by the govt
2) you are not entitled to benefit of reservation as SC
3) you may not be aware that your father had committed fraud but you would be dismissed from service
1) The Supreme Court held that job and admissions secured on caste certificates in reserved categories cannot be sustained if found to be fake subsequently, .
2) The apex court also said it disagrees with the Bombay High Court ruling that a person can be allowed to continue in job if caste certificate is found fake after a long period
If the charge is of fraud then your father alone would be held responsible as he is expected to commit the fraud if any and not you.
You casualty would be that you will be stripped of the SC reservation and if you are proved to hold OBC caste then you will be given such status.
Basic under law, the the foundation of an action is unsustainable, the superstructure is liable to fall. Going by this, since your caste status is based on your father's, whenever his status as to caste will be impaired, you'll also face a jolt.
Having said that, you may still defend any disciplinary action against you saying that you were unaware of any fraud played by your father and that your act was bonafide.
How i am found guilty. my father caste on paper will be inherited by me as it is. i really did not know that my father was not sc but obc.
you cannot be prosecuted on the basis of wrong caste certificate because it was duty of the organisation to verify all documents including caste certificate at the time of joining. if you can prove that you have not committed any offence and it was your bona fide act to prefer caste certificate then you cannot be prosecuted (state of Haryana vs Krishna kant )
in this condition rule of estopple (section 115 evidence act) will operate and you shall be exonerated from the offence but your child cannot avail this facility.
Hello,
It is immaterial whether you were aware or not about the fact that your father obtained the certificate fraudulently.
If you have got a job on the basis which does not actually exist then you may be thrown out from the job, you are not entitled to get benefit of such certificate.
The above advise has been rendered in light of the judgment passed by the Hon'ble SC which says that no benefit of reservation can be given on ground of fake certificates.
Also you may take a defense of estopple (section 115 evidence act) in the disciplinary proceedings, but in that case also the government has the liberty to terminate your services.
Regards s
If you have received notice to show cause the reason for issuing a false community certificate, you may give a reply notice that your father belong to the said community hence you have submitted the community certificate based on your father's community.
There is no wrong or illegal act committed by you by issuing this certificate.
You can challenge their action against you in this regard, if there is any.
How will a kid know that his father has done some fraud in past. Right from my school days I suffered the discrimination of belonging to a schedule caste. Now a new charge of fraud.
Since your school certificates have the same community and you have been known to belong to the same community since your childhood, you need not worry about the inquiry or notice in this regard.
You can challenge their case against you in the court of law.