• BC, obc with ncl status certificate, victim of fraud, subsequent obc with ncl status certificate

State level BC certificate - obc with NCL status certificate obtained 23 years ago - victim of fraud by others in the matter of earlier obc NCL status certificate - obc with NCL status certificates subsequently obtained after the years of coming to govt job. --->--- "when mr. X's (a permanent govt. staff) "OBC caste with NCL status" certificate, after an initial verification, (which is only after 20 years of his regular service), turned as fake or bogus 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 NCL 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 states that I did nothing wrong while I was in the process of obtaining the said obc with NCL status certificate. And also, 100%, I did not mislead my appointing authorities at the time of my submission of the said certificate to them, which was purely with my believe of "it to be a true and genuine certificate" and also particularly purely without knowing the fact that "the certificate is a false or bogus or falsely obtained one", so I am a victim of fraud by other(s) in the matter. Because, 100%, there is no need at all for me to play any fraud role in the matter, as (1) already & is still I am in a position of a valid state level "BC caste certificate", which was issued to me during my school days, (2) in which it was/is also recognized as a OBC in the Union OBCs List, (3) my both mom and dad were lower level govt staff, so, 'there was no' and 'is still there is no' creamy layer related issues, (4) I am still in a possession of a valid "OBC caste with NCL 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 (1) my State level "BC caste certificate", (2) my "Subsequent OBC caste with NCL status certificate", (3) my school records, (4) the "details and facts as per my submission" for my claim of my social status as "OBC caste with NCL status" person, may also please be verified, to get to know my genuineness of my claim of such social status for my govt job --->--- then, in the interest of natural justice, what type of actions will have to be taken as "step by step" by the concerned department as per the law / as per the all settled judgments OR is the department can or will straightaway immediately dismiss him along with immediately calling police and filing FIR for putting him in jail ?!
Asked 7 years ago in Labour

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4 Answers

Department will first suspend him and issue a show cause notice. He can challenge that suspension. Inquiry will take place FIR will also be lodged. If found guilty he will be dismissed. Separate criminal proceedings will also be carried out against him for the said offence

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

you would be issued show cause notice why discliplinary action should not be taken against you 

 

2) based on your reply and evidence on record you may be dismissed from service as your certicate has been found to be false 

 

3) in addition you may be prosecuted for giving false certificate 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The OBC NCL certificate is valid for one year only from the date of issue.

The department cannot take any action in this regard on its own without any complaint before it made by any vested party.

Even otherwise the departmetn has to make discreet inquiry and has to conduct departmental inquiry, find you guilty  and then pass on the orders accordingly.

They will not approach police directly with a complaint, hence there are no chances for any arrest as you apprehend.

Nothing will harm you except your own fears, hence better think about it in another angle that nothing can happen after passage of more than two decades on this.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

No judgments will help you outside the court hence you may choose appripriate judgment suiting to your case circumstances when the matter is coming up before court, if any.

You may wait for the legal action to initiated against you by the department after which you can choose further action in this regard

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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