• Termination of service terming invalid certificate as false

I belong to JAT community  from UP. I retired as Lt Col NCC and settled in Bangalore for the last 4 years - having servd in Mysore for 11 years post retirement.

In response to Advt calling applications exclusively from the ex SSCOs  for 26  posts  of Asst Manager (Security) in Reserve Bank of India with caste based reservations, she applied  claiming  OBC status linked to her husband who is Kurmi from Bihar by submitting  a certificate in  specified proforma issued by  Tehsildar Allahabad  under whose jurisdiction she was staying in her Army Officer husband's official residence in Allahabad cantonment.
Her certificate was scrutinized and found acceptable at the time of interview and also at the time of appointment.
The caste certificate could not be verified by the State caste scrutinize committee at Lucknow as she moved out of station due to her husband's transfer. She was asked to submit certificate based upon her father's caste and address to facilitate verification. The certificate  issued in my name i.e. her father's name was submitted to the RBI. This was verified by the issuing authority.
Then she was asked to submit certificate yet gain in HER name. Which she did. This certificate was verified and confirmed genuine by the issuing authority.
During Apr 14 she was served show cause as why her service should not be terminated for submitting invalid caste certificate as the JAT from UP did not appear in the central list of OBC.

Her explanation that her certificate was accepted at the time of interview and also at he time of appointment and that she is daughter of an OBC and aslo wife of PBC both not in creamy layer and Jat caste gets included in central list wef 4 Mar 14 - did not satisfy their requirement.Her service was terminated - as on a reference to NCBC the JAT from UP state were  not found included  in the central list -  therefore her claim of belonging to OBC at the time of appointment  was found to be "false" and therefore 

She served in the RBI for 5 years and ten months. She was conformed in service provisionally subject to validation of caste certificate. She was also granted house loan. She has very personal appraisal record.

Under the circumstances what are the remedy available to her.
Asked 2 years ago in Labour from bangalore karnataka, Karnataka
1. Franckly speaking there is no legal remedy left before you on the stated account,

2. Her service was conformed subject to the verification of the caste certificate which turned out to be false,

3. Her logic that since the said false certificate was accepted at the time of interview and appointment for which she should not be terminated now even if the said certificate turned out to be false, has no merit,

4. RBI has has acted strictly as per law.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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1. My answer is the same,

2. Your appeal for appointment in the general category without sitting for interview for contesting with other general candidates can not be considered. If RBI does it other candidatres will filr Writ Petition,

3. Moreover, RBI will not appoint/reappoint a candidate who has been terminated from service by the same RBI for submitting false caste certificate.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0

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