• OBC, victim of fraud by others, subsequent obc certificates

"when mr. X's (a permanent government servant's) "OBC caste with non creamy layer status" certificate, after an initial verification, (which is only after 20 years of his regular service), turned as fake or false information based one ; and, in that situation, if he stated to his officers that --- only after the verification, and is only now, I also came to know that my "OBC caste with non creamy layer status" certificate is a invalid/negative one; and therefore, is only now, I am sadly realizing that, without my knowledge/consent, I was made as a fool; and thereby, now, I have to sadly feel that I am a "victim of fraud" by the other(s), those who I had innocently believed and contacted for help to obtain / to process for obtaining the required certificate in the concerned period, even though I was submitting the required prescribed details to them for the said purpose. So, I hereby state that I did nothing wrong while I was in the process of obtaining my such certificate. Because, still I am in a position of a valid "BC caste certificate" of my own State, which was issued to me during my school days, in which it was/is recognized as a OBC in the Union OBCs List, and also still in a possession of a valid "OBC caste with non creamy layer status" certificate, in which I had subsequently applied for the same & also thereby obtained the same, after my date of joining into my govt. job; and therefore, I am now praying that my "BC caste certificate" of my own State level, and my "Subsequent OBC caste with non creamy layer status certificate", and along with my "other supporting documents" as submitted by me in respect of my social status as "OBC caste with non creamy layer status" person, may also please be verified, to get to know my genuineness of my claim of the social status, --- then, in the interest of natural justice, what type of action will have to be taken as "step by step" by the concerned department, which must be as per the law / as per the all settled below judgments OR is the department can or will straightaway immediately dismiss him along with immediately calling police and also filing FIR for putting him in jail ?! : -

Hon’ble High Court of Allahabad judgment dated 30-August-2011 titled Kamlesh Kumar vs Union of India Thru Sec. And Others. 

Hon’ble High Court of Allahabad judgment dated 31-May-2011 in a Writ Petition-A No.69274 of 2009, Vinod Kumar Yadav Vs. State of U.P. & Others, 

Hon’ble High Court of Allahabad judgment dated 12-May-2010 in a Writ Petition No.52994 of 2007 Km. Rehana Begum Ansari Vs. State of U.P. ADJ-5-492 

Hon’ble High Court of Allahabad judgment dated 21-August-2015 - Alka Rastogi Vs. State Of U.P. Thro. Prin. Secy. Deptt. Of Irrigation Lko. : Hon'ble Justice Devendra Kumar Upadhyaya, J. Court No.-26, Case :- SERVICE SINGLE No. - 241 of 2015, 

Hon’ble High Court of Delhi judgment dated 23-November-2012 in W.P.(C) No.1469/2012 titled Niraj Kumar Vs. Central Warehousing Corporation (CWC).
Asked 5 years ago in Labour

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4 Answers

SC has held Those who secure jobs and admissions in educational institutions in the reserved category on the basis of fake caste certificates would lose them and be punished, 

 

2) SC said it cannot allow anyone who has arrogated the benefits on the basis of false representation. It would amount to playing fraud with the constitutional goal of social justice and equality

 

3) you would lose your job and prosecuted for giving false  caste certificate 

Ajay Sethi
Advocate, Mumbai
94773 Answers
7543 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you harmve been cheated, it’s not that you have cheated the department.
  2. You already had that BC certificate of your state which gives the impression that you are part of those special caste of benefits.
  3. And also there has been a principal of Estoppel which says that if the department is unable to inquire about the genuinity of a document then they can’t put you in blame after so many years of service.
  4. I advice you to please approach the Delhi High Court under Writ Jurisdiction of Article 226 of Our Constitution of India to set aside any such order of dismissal.

You can contact me through Kaanoon for any further help.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Dear Client,

Recently Hon`ble Supreme court has held anyone found guilty of using a forged caste certificate for employment will loose his job and will be penalized. 

Whatever the lenght of service, when the appointments were illegal and void ab initio, the question of regularization of service never arise.

Not starigth away dismissal but first verification of certificate than show cause notice - why your services not terminate - your explanation - result.

Yogendra Singh Rajawat
Advocate, Jaipur
22647 Answers
31 Consultations

4.4 on 5.0

In my opinion you are making a case without there being any case framed against you?

If yes, what is your problem?

Are you feeling guilty for having submitted false information and fraudulently obtained the certificate?

What made you to realise the same after passage of twenty years?

Will you be able to return all the monetary benfits availed all through these twenty years under the cover of this fraudulent certificate?

Will you be able to face the law enforcing authority for the stringent and penal actions that may be initiated against you in this regard?

If you are ready to face all the above then you may voluntarily disclose the details to the authorities concerned and subject yourself to all the legal actions that can be initiated against you.

T Kalaiselvan
Advocate, Vellore
84973 Answers
2204 Consultations

5.0 on 5.0

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