• Company terminated me for caste certificate issue

Sir, I am Shovan. i belong to SC Community(Namasudra). I joined West Bengal State Electricity Transmission Company Ltd on 25th June 2014. But on September 15 i got a show cause notice that the SDO office has returned the caste certificate with comment that the certificate was not issued from that office. But i originally belong to SC Community. just after knowing this i again applied for a SC certificate and met to Our BDO directly. he promptedly took action and i got my sc certificate within one month. I submitted the new certificate to the company on 16-12-15 with a letter requesting to consider this certificate. but i got my termination letter also ( dated 16-12-15) on 21th december. Then i met to the assistant general manager of my company and she said that they have nothing to do and i will not get any govt. jobs further. she said that the company will not file any case against me and also advised me to try for private jobs.  i really did not know that my caste certificate was fake as i am originally SC and i had all the genuine documents which is required to obtain a caste certificate, which i submitted to a agent at BDO office who assured me to obtain the certificate quickly as it takes more than 1/2 year in normal procedure. i was in hurry as my joint entrance exam was just two month away. now though i can understand that i have been cheated by the agent. as a result i have been terminated from my job as my certificate is fake though i am genuine sc. please suggest me what to do now. Should any criminal case will must be filed against me? and will i able to get any govt jobs in future? please help me. one of my friend's uncle is a lawyer, he suggested me to file a Writ petition on Calcutta High Court but i am afraid if i take any action  the company or Intelligence Branch (IB)  may then file a criminal case against me. plz suggest me what to do now.
Asked 11 months ago in Criminal Law from Kolkata, West Bengal
Religion: Hindu
1. Submission of fake certificate is a crime which you have committed,

2. It will not be acceptable by the Court that since the fake certificate was arranged through an agent, your are not liable for its being  fake though you have got the job due to the said fake certificate,

3. For the above reason you are not like to get any favourable order from the High Court against your prospective Writ Petition,  


4. However, against all odds, you can try relief by filing a writ petition engaging a local lawyer having expertise in this field who will plead that you are actually  a Schedule caste for which you have already availed a genuine certificate and the certificate earlier submitted by you was collected by you through an agent and you should not suffer for your life for being cheated by your agent,

5. You are required to submit a police complaint against the said agent for cheating you by  handing over a fake caste certificate to you after taking the money for collecting the genuine certificate from the SDO for which he had taken an application signed by you addressed to the SDO.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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1. Yes, it is the customary and obligatory  for the Govt. Departments to lodge police complaint for such production of fake documents to get job,

2. You shall have to submit all evidence in support of your claim that some one had arranged your fake certificate which you believed as genuine and police complaint one such evidence. The less evidence you submit, the less chance you have to win the case,

3. If you can suppress your present employment, and join a govt department afresh with a fresh PF number, then you will be able to work unless your past act is detected and at time it will be difficult for you to escape since you shall be further added with a charge of giving false information about your not working in a govt Department earlier.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
now though i can understand that i have been cheated by the agent. as a result i have been terminated from my job as my certificate is fake though i am genuine sc. please suggest me what to do now. Should any criminal case will must be filed against me? and will i able to get any govt jobs in future? please help me. one of my friend's uncle is a lawyer, he suggested me to file a Writ petition on Calcutta High Court but i am afraid if i take any action  the company or Intelligence Branch (IB)  may then file a criminal case against me. plz suggest me what to do now.

You have been rightly advised by your lawyer to file a writ petition seeking the termination as invalid and to seek re-in statement under article 226 of the Indian constitution.  The department cannot take any criminal action against you now after you file a writ petition because it would be treated as an action to retaliate your petition as well as to avenge you hence not maintainable.                            
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
1. If I remain totally Silent now,  would govt file any criminal case against me? I mean is it mandatory for govt. to file a criminal case in this types of cases?
the organisation has terminated yor services and did not pursue the matter any further hence it is not intention of the organisation/department, so you need not worry about this. 




2. I am unable to identify that agent because i got that fake certificate in the year 2008, seven years ago when i was just in class 12 and i am the 1st generation educated in our family. Always, i had to complete this type of official works alone. so nobody can help me finding that person. I tried a lot to find out that man for last three months but i cann't. So how can i submit a complain against that person to police. I am totally helpless. If there is no hope/solution now?
Dont waste your time, energy and money to find out such waste and unscrupulous people.  better  remain silent about this without wasting much more.







3. What would happen if the govt does not take any action against me and i got another govt job with this new genuine cast certificate though my PF account is already opened and an employee number is also generated?
Dont worry about the PF account etc.  PF account has nothing to do with the new employment.  Your new employer may verify the genuineness of the certificates produced before it, he will not be concerned about the previous fake certificate.





4. Can i fill a writ petition without the complain against the agent? If I say in that writ that I have been cheated and for that reason I already lost my job. But i originally belong to SC community and now i have a genuine certificate. So Should i get an order from High court so that i can get further govt jobs. Please help me sir.
You can narrate the facts in your affidavit in the writ petition.  You will certainly get the benefits of doubt in your favor by the orders of the high court since you originally belong to the same community for which yo produced a fake certificate.


T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
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1) your services have been terminated as your caste certificate was fake 

2) yiu should not file any writ petition as advised by your lawyer uncle 

3) it is doubtful tha company will fle any criminal case against you 

4) in the event any criminal case is filed contest the case on merits 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
You have rightly been terminated from the job. That it is the agent who cheated you by forging a caste certificate, which you were not aware of, is no defence. You should consider yourself fortunate that the dept has not filed a criminal complaint for cheating, forgery and breach of trust against you. You may not be able to find employment under the govt in future as the termination from this job has tainted your CV. A writ petition may be considered on sympathetic grounds alone as you have no legal ground to succeed in the court. 
Ashish Davessar
Advocate, Jaipur
18094 Answers
448 Consultations
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1) your writ petition should be preceded by filing complaint against the agent as the court would certainly question you in this regard 

2) since you don't know the name of agent filing of writ petition would be a futile exercise

3) if you remain silent govt may not file any criminal case against you 

4) chances of your getting give job are remote as your earlier employment history and bogus certificate has  to be disclosed by you 

Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
If certificate is looking genuine and bearing seal of the office then how can you presecuted for cheating. Company is bound to examine all the paper submitted aat the time of joining and if did not find any irregularity and take action after 7 years on the ground of fake certificate you have right to estop the company under the rule of estoppel. Mentioned under sec 115 IEAct. 
Famous case of sri krishna university has been dicided on the similar ground. File a writ of mandmus before high court and take plea that you belong to SC community and did not know that certificate was fake because it was issued from concerned office. And also take plea togive some more time to submit requisite certificate a frwsh.
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
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1)it is well settled law that 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.

you have taken right decisions not to file writ against your termination order 


2) you may not be selected for any govt job as your earlier employment was terminated for having submitted fake caste certificate 

3) it is better you find a job in private sector 

Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
1.  This time you may apply with the original caste/community certificate issued by the competent authority for the purpose, your candidature will not get rejected on this ground.



2. Try to get the genuine community certificate from the authorities competent to issue the same by following proper procedures to procure it.



3.  There is no reason that you cannot be given employment if you deserve the post by qualification and interviews etc.  You can very well apply, let the authorities decide about the antecedents to clear the obstacles in recruitment.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
1. Yes, your job can  be terminated for suppressing the facts,

2. Presently you have no option other than to stay quite now and let things take its own shape,

3. No. If you declares that he was terminated, you won't get the job. 
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0

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