I think I could  not explain properly.
 Pasted below is the draft appeal to the RBI including  brief facts of the case in chronological order minus the enclosures as mentioned. After going through , may kindly give your opinion.
Appendix “A”
Refers  to  letter No.          dated      Aug 2014

APPEAL AGAINST TERMINATION ORDER: MAJOR (DR)  HARINI SIROHI 
ASSISTANT MANAGER  (SECURITY)

PART I

1.	Brief facts of the case are as under:

Date     …….	Event	
Feb  08	Advertisement appeared inviting applications for the  posts of  AM(security) in the Reserve Bank of India   from ex commissioned officers with 5 years service within the age group of 25 to 40 years as on 01/01/2008.  Of the 26 vacancies , 13 were reserved for general category, 04 for SC,  01 for ST;  and,  08 for OBC categories.                                                                                	Encl 1 A.
12 /02/ 08	I applied for the post claiming reservation under OBC quota.                                                                          	Encl 2 A.
09 / 04 /08	Received call up letter No. RBSB No.  / 03.06.02/2007-08 requiring me to attend interview on 22/05/08 with instructions to bring Original Certificates including Caste Certificate. 	Encl 3 A
22 /05/08	Permitted to appear  for   interview in New Delhi after due scrutiny of Original  Certificates including OBC Certificate No. 4557 dated 14 May 08	Encl 4 A 
30 /05/08	Result of interview announced vide No. RBSN No. 1799/03.06.01/2007-08 recommending my name for appointment to the post. 	Encl 5 A.
27/06/08	Received Offer of appointment vide CO.DAPM. No. 14131/05.01.08/2007-08 which I accepted. 	Encl 6 A.
09/09/08	Appointment letter No. CO.DAPM. No. 2987/05.01.08/2008-2009 posting me to Mumbai  with instructions to bring among other certificates the OBC Caste Certificate in Original. 	Encl 7 A
22/09/08	Joined duty in Mumbai Office after satisfying the pre requisite condition of  eligibility  in all respect including submission of Original OBC Certificate to the  satisfaction of the Bank. 	
22/09/10	Service confirmed vide Mumbai Office Order No. 77/152  . 	Encl 8 A.
30 /09/10 	Vide MO.DAPM. No. 1198 / 06.30.00 / 2010 -11, referring  to my OBC Caste Certificate submitted by me at the time of appointment in the bank service, it was advised:
 “ we advise that the said certificate is based on your husband’s caste and address which the Scrutiny Committee , Lucknow UP is not able to verify. In the circumstances, you are advised to submit your caste certificate based on your father’s caste and address to enable us to  get it verified from the Scrutiny Committee of your State. ”	Encl  9 A
	Submitted to the Bank  Caste certificate  No. 2011/C-07311323758 issued by competent authority in the name of my father	Encl 10 A.
 Feb 13	Orally advised by a staff from the HRMD , Mumbai Office, to submit caste certificate in my name 	
26/09/13	Submitted to the Bank Caste certificate No. 4362 issued in my name issued by competent authority. 	Encl 11 A.
21 Oct 13	RBI vide their No. MO.HRMD. No. 1231/06.30.00 / 2011-12 forwarded Caste Certificate issued by Tehsildar Bulandshahr to the District Magistrate Bulandshahr;   desiring  its verification and confirmation of  its genuineness to The Regional Director  RBI Mumbai.	Encl 12 A
11/11/13	The District Magistrate Bulandshahr verified the Certificate and confirmed  its genuineness	Encl  13 A
11/04/14	I received    letter MO.HRMD. No. 3421/10.26.00/2013-14 ,  contents reproduced below:

Sub: Class I – Direct Recruitment to the post of AM (security) Verification of Caste Certificate

Madam,
This has reference to the caste certificate dated August 5, 2008 submitted by you which issued by the Tehsildar Bulandshahr. The caste mentioned in the certificate (“JAT”) appears in the State list of UP and not in the Central list of UP state.
On a reference made by the bank to the Ministry of Social justice &  Empowerment, Department of Social justice &  Empowerment, National Commission for Backward Classes , New Delhi it has been confirmed that the caste mentioned in  the caste certificate submitted by you appears in the OBC list of UP State and the same can be accepted for the UP State’s jobs / educational institutions but it is not valid Central Government services / educational institutions . It may be recalled that you had accepted various terms and conditions mentioned in the Bank’s Offer of appointment letter CO. DAPM No. 14131/05.01.08/2007-2008 dated June 27, 2008 including clause XXV which reads as under: 

“ and subject to community certificate being verified through the proper channel and if the verification reveals that your claim of belonging to other Backward Classes if found to be false, your services will be terminated forthwith without assigning any reasons and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of false certificate/s.”

In the circumstances stated above you are advised to show cause as to why your services should not be terminated for having submitted as invalid certificate for obtaining caste certificate in the Bank.

You are called upon to reply to the show cause notice in writing and your reply should reach the under signed within 7 days from the date of receipt of this notice, failing which it will construed that that you have nothing to submit in the matter and ipso facto the bank will initiate further action as it deems fit. ”
	Encl 14 A
17 /04/14	Briefly stated I submitted:
•	I am daughter of an OBC married to an OBC – both not in creamy layer.
•	Permitted to appear for interview after due scrutiny of certificates.
•	Certificates were verified by respective issuing authorities.
•	On 11 Apr 14 vide show cause notice I was told of my caste not being in the Central List.
•	No general category candidate denied vacancy because of me.
•	I had the certificate issued  from Allahabad as my husband was posted in Allahabad and I was residing with him.
•	Jats are  now included in the Central List as well referring to Gazette notification of 04/3/14	Encl 15 A
24/06/14	Submitted to the Bank  once again the Verification details of caste certificate No. 4362 .	Encl 16 A
08/08/14	Received  Order  vide  CO.HRMD. No. 2581/05.59.01/2014-15 dated 08.08.14,  contents reproduced below:

Sub: Class I – Direct Recruitment to the post of AM (security) Verification of Caste Certificate

Madam,

Please refer to your reply dated 17 Apr 14 to show cause notice issued to you by Mumbai Office on the captioned matter. The explanation submitted by you vide your above referred letter is not found satisfactory by the Bank.  You must be aware that your appointment in the bank as a Security Officer Grade A is under the category against the post reserved for OBC candidate and the appointment is provisional and subject to verification of your caste certificate.

At the time of your recruitment you submitted a the caste certificate bearing No. 4557 dated 14.05.2008  issued by Tehsildar Sadar / . The same was forwarded to the District Magistrate Allahabad for verification and in the verification report received from the Director , Backward Class Welfare , Lucknow, it was stated that the caste certificate could not be examined since it was issued as a “wife of” instead of “ daughter of” and the same is outside the purview of the caste verification. It was also stated in the report that the verification of  caste certificate is possible only if it is issued on the basis of your father’s caste and address.

Accordingly, you were advised to submit caste certificate on the basis of your father’s caste. Subsequently you submitted your caste certificate bearing No. 4362 dated 05.05.2008 issued by Tehsildar Bulandshahr UP. In the said certificate, your caste is mentioned as “Jat” which is stated to be included in Schedule A of Uttar Pradesh Public services ( reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes Act 1994. However, the said caste was not included in the Central list of OBC for UP State at the time of your recruitment. On a reference made the National Commission for backward Classes, it was confirmed by their letter dated 18 Feb 2014 that  the caste certificate submitted by you as per OBC list of UP State and could be accepted for the posts and  educational institutions under the  State government of UP and the same was not valid for the services and the educational institutions under the Central Government.

Further as per Resolution No. 20012/129/2009-BC – II dated 4th March 2014, Central Government has notified some amendments to the Central list of OBC and “Jat” has been included in the Central list of UP. However as per the said resolution the amendment has come into effect from the date of their publication in the official gazette which is 4th March 2014.

Therefore your claim for belonging to Other Backward Caste at the time of recruitment is found false. As such we are constrained to invoke clause (xxx) of our letter of appointment CO.DAPM.No. 14131/05.01.08/ 2007-2008 dated June 27, 2008 which states  as under:

“ The appointment is provisional and subject to the community certificate being verified through the proper channel and if the verification reveals that your claim of belonging to Other Backward Classes and not belonging to Creamy\y Layer is false, your services will  be terminated forthwith without assigning any reason and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of false certificate / s”.

Accordingly your service in the Bank is terminated with immediate effect.	Encl 17 A 

2.	I am shocked. My entire family is emotionally distressed. Speed with which extreme action has been taken against me, without giving me opportunity to explain in person my stand,  and,  the ground on which my service has been terminated has hurt me. 

Loss of livelihood and attachment of stigma on my personal reputation

3.	The termination of service order has not only unjustly deprived me of my livelihood, but also has attached stigma to my personal reputation,  prohibiting me  from seeking any job in future; placed me in a financially embarrassing position - I have now to refund Rs 17 Lakh  earlier taken towards Housing Loan.

4.	It has also emotionally affected my class ten student son staying with me in the separated family accommodation allotted to my Army officer husband who is presently serving in the Counter Insurgency Operational Field Area in J & K .

5.	The Show cause notice desired explanation as to why my services should not be terminated for having submitted INVALID caste certificate. My service was terminated terming my claim of belonging  to OBC category at  the time of appointment  as “FALSE” . 

Nature of posts of AM (Security) in RBI 

6.	As per advertisement,  during Feb 2008 recruitment drive for the post of AM (Security),  the posts were meant exclusively for released commissioned officers with caste based reservation. These posts were not identified with Persons with Disability (PWD) Category considering the functional requirement of the job. The appointment to these posts is  also done as a measure of rehabilitation as per government policy

7.	The eligibility condition in terms of age, qualification,  physical fitness or experience was uniform for all categories which implies that the selection criteria and minimum standard for selection was the same for all categories irrespective of caste. 

8.	At the time of selection and appointment, I was neither  given nor availed any concession or relaxation during the interview based upon my claim of belonging to OBC category  either in the  eligibility conditions e.g. age, qualification ( in fact I was more than qualified) or experience or physical fitness ) or  in minimum  standard for selection laid down for the post. 

9.	Perhaps because of this reason there is no mention in the appointment letter dated 09 September 2008 that I have been selected against the vacancy of OBC candidate. 
Appointed  on my  own merit and not owing to reservation

10.	I am a qualified  Dental Surgeon besides being former SSC Officer in the Army.  My performance during the interview for selection for the post, as well as during my service of 5 years and ten months has been very good. 

Names of Candidates declared Successful in the Interview 
for the Post of Assistant Manager (Security) in Gr. ‘A’ (OP)

Sr.No.	Name	Marks obtained in in interview	My remarks as per Reservation Register
1	 Maj. Dinesh Kumar Sharma	75	UR
2	Maj. Suchet Shrikant Bal	70	Did not join, may be UR or OBC
3	Jitender Kumar Sharma	70	UR
4	 Maj (Retd.) Ritu Singh	70	UR
5	 Capt. Rajendra Singh Bangari	70	UR
6	 Capt. Amit Anil Ringay	70	UR
7	 Saroj Kumar Singh	70	UR
8	Maj. Rakesh Mohan Nair	70	UR
9	 Maj.Manish Pant	70	UR
10	Lt. Cdr. S N S Srinivas ADC	70	OBC, Did not join in 2008-09. 
Joined as fresh candidate on  10 /10/11. 
11	 Flt. Lt. Swaraj Singh Chaudhary	70	UR
12	 Devinder Jit Singh Gill	70	Did not join, may be UR or OBC
13	Sunil Kumar Chahar	70	UR
14	 Harini Sirohi	60	OBC
15	Manakkattu Vakeri Zarina	60	OBC
16	Maj. Kundan Lal Pandey	55	Did not join, may be UR 
17	Capt. Dharamendra Singh	55	Did not join, may be UR 

15.	There were  26 vacancies for the post:  13 were reserved for general category, 04 for SC,  01 for ST;  and,  08 for OBC categories. Of  the 17 selected who were recommended for appointment, five candidates did not either join; or, joined and left the service. 

16.	With five candidates not joining the post,  my place in the merit list moves up in the list of general category for which 13 post were earmarked.


 17.	I meet the standards laid down for selection as general category candidate for the post. In other words I have been appointed   on my  own merit and not owing to reservation.



18.	In this connection reference is made to DOPT  O.M. No.36011/1/98-Estt.(Res) dated 1.7.1998. Vide Chapter 5,   Reservation Registers and Roster Register pp 41 para 5.11 downloaded from the DOPT website (Encl 22 A) which reads as under:
“SC/ST/OBC Candidates Appointed on Merit
5.11 SC, ST and OBC candidates in case of direct recruitment and SC and ST candidates in case of promotion, appointed on their own merit and not owing to reservation should not be shown against reserved quota. They will be adjusted against unreserved quota. “”
19.	Reference is also made to Appendix to DOPT O.M. No. 36011/6/2010-Estt(Res) dated June, 2010 -  Compendium On Reservation For The Scheduled Castes, Scheduled Tribes And Other Backward Classes In Services issued Vide No.360 1 1/6/20 10-Estt.(Res) dated 25 Jun 2010 paragraphs 22.1, 22.3 and 22.4 ( Encl 22 B) of which read as under:
“ 22. SC/ST/OBC Candidates Appointed on Their Own Merit:

22.1 SC, ST and OBC candidates in case of direct recruitment and SC and ST candidates in case of promotion, appointed on their own merit and not owing to reservation should not be shown against reserved quota. They will be adjusted against unreserved quota.

22.3 Only such SC/ST/OBC candidates who are selected on the same standard as applied to general candidates shall be treated as own merit candidates. If any SC/ST/OBC candidate is selected by getting any relaxation in age limit, experience qualification, number of permitted chances in written examination, zone of consideration etc., he/she shall be counted against reserved vacancies. Such a candidate cannot be considered for appointment against an unreserved vacancy.

22.4 SC/ST candidates appointed on their own merit (by direct recruitment or promotion) and adjusted against unreserved points will retain their status of SC/ST and will be eligible to get benefit of reservation in future/further promotions, if any.”

20.	Reference is also made to the Reservation Registers in respect of Assistant Manager (security)( Encl   A)  and Assistant Manager (Rajbhasha)(Encl  A) extracts appended below:
RESERVATION REGISTER

1.	Name of the post: Assistant Manager (Rajbhasha) 
2.	Method of recruitment : Direct Recruitment All India through open competition
3.	Number of posts in the cadre / ( cadre strength) : 57
4.	 Percentage of reservation prescribed: SCs 15%. St 7.5%, OBC 27%.

Sr
No.	Name	Date of
appointment	Whether
belong to
SC/ST/
OBC /Gen	Filled as UR
or as
reserved for SC/ST/OBC	Signature
of
appointing
Authority	Remarks
1	2	3	4	5	6	7
1	Shri Shyam Sunder	24.01.2007	OBC	OBC-1		
49	Akhilesh Kumar	26.03.2012	General *	UR		*OBC passed with General Standard
57	Ms R Suma 	01.04.2013	General	UR		


RESERVATION REGISTER

1.	Name of the post: Assistant Manager (security) 
2.	Method of recruitment : Direct Recruitment All India through open competition
3.	Number of posts in the cadre / ( cadre Strength) : 29
4.	 Percentage of reservation prescribed: SCs 15%. St 7.5%, OBC 27%.

Sr
No.	Name	Date of
appointment	Whether
belong to
SC/ST/
OBC /Gen	Filled as UR
or asreserved
for
SC/ST/OBC	Signature
Of
appointing
Authority	Remarks
1	2	3	4	5	6	7
1	Shri Parmindar Singh Sohal	18.06.07	Gen	UR		
4	Dr Ms Harini Sirohi	2209.08	OBC	OBC-1		
29	C Balagopal	02.07.12	Gen	UR		


21.	From the above it is seen that the provisions of the OM of  1.7.1998 Chapter 5 have indeed been followed by the Bank in the case of ( Srl No. 49 ) Shri Akhilesh Singh AM (Rajbhasha). But somehow in my case ( Srl No. 4) application of this provision has been  missed out resulting in the present situation. 
22.	Since I was selected on the same standard as applied to general category,  I request that I may be adjusted against unreserved category as has been done in the case of  Shri Akhilesh Kumar AM(Rajbhasha) who, like me,  was also an “OBC passed with General Standard.”	
23.	I wish I was told by bank that the caste certificate submitted by me was not strictly valid at the time of interview itself, I would have appeared as a general category candidate or appeared subsequently for next interview. 

 
I am daughter of an OBC and wife of an OBC

24.	To the best of my knowledge and belief I have submitted correct claim of belonging  to OBC category.   I am daughter of an OBC. And I am  wife of an OBC. I got married on 22 May 1998 to Capt Neeraj Kumar (copy of  affidavit  enclosed as Encl 18 A) who  belongs to  Kurmi caste in the State of Bihar.
My father belongs to JAT community in the State of U. P.


Certificates  were  issued by competent authorities 

25.	The  certificate bearing No. 4557 dated 14.05.2008 that I submitted at the time of appointment  was  issued by Tehsildar Sadar,  Allahabad – an authority   competent to issue caste certificate.  It was issued  in the proforma as  prescribed by the Bank.  It was issued based upon Certificate No.119  date16/01/2001  issued to me by Tehsildar Nur Sarai,  Nalanda Bihar as  “ wife of” of captain Neeraj Kumar ( copy enclosed as Encl 19 A). 

26.	The  certificate bearing No. 4557 dated 14.05.2008  was issued as “wife of” as  I was married at that point in time;  and,  was  staying with my husband in the official residence, “ C/O Capt Neeraj Kumar , 19 SSB, Selection Centre East, Allahabad”,  allotted to him   in Allahabad Cantonment  where he was posted.  Customarily, after marriage I am known   as “ wife of”  rather than daughter of my father. Accordingly, the competent authority in whose jurisdiction I fell at the time of applying issued the certificate  based upon the OBC status of my husband.

 27.        I was called for interview vide RBI RBSB No.   / 03.06.02/2007 dated 9 Apr 2008 extract of   para 3 of which reads as under: 

Para 3. Please note that you have been called for interview on a provisional basis and if on verification of original documents or otherwise it is found that you do not strictly satisfy the criteria as laid down in the relative advertisement  and / or any information furnished in your application is not true / you are not in a position to produce the certificates / documents mentioned above and are also unable to give proper explanation to the satisfaction of the Board for non submission thereof, you may not be entertained for interview by the Board and in that event no travelling allowance may be paid to you. 

28.	On the day of interview in New Delhi, I submitted the originals of certificates including  Caste Certificate No. 4557 along with the  Caste Certificate No. 119 dated 16 /01/2001 both certificates issued as “wife of” – one issued in Bihar and other one issued in UP. These were scrutinised by the Scrutiny Board, and all documents were found correct and reaffirmed before I was permitted to appear for the interview on 22 May 2008.  

29.	Caste Certificate No.  4557 was forwarded by the Bank for verification to the concerned authority in Allahabad who verified as having issued the certificate.  The competent authority on being referred by the Bank  did not term the certificate  is as fake or false.  So my claim of belonging to OBC category is not false by any stretch of imagination and I completely deny it. 

30.	It was on 30 /09/ 2010 (Encl 9 A ) that I was informed that: 

 “ we advise that the said certificate is based on your husband’s caste and address which the Scrutiny Committee , Lucknow UP is not able to verify. In the circumstances, you are advised to submit your caste certificate based on your father’s caste and address to enable us to  get it verified from the Scrutiny Committee of your State. ”

31.	From the above it follows that:

 (a)	 The Scrutiny Committee, Lucknow UP was not able to verify   the certificate at that time because my husband had moved out of Allahabad on posting to another station.

(b)      The Caste certificate No.  4557 based on my husband’s caste  that I had submitted at the time of interview and also at the time of  appointment  was not termed as FALSE.  
 
(c)	It was to  enable the Bank that I was advised  to  submit my caste certificate based on my  father’s caste and address to  get it verified from the Scrutiny Committee of my  State.

32.	For an employed married woman  with  father and  husband residing / settled in different States -  other than their birth place -  for reasons of service,   it is not clear as to which State she can claim as hers in the context of caste certificate: father’s birth place or his place of settling down ? husbands’ birth place or his State  where he is posted ? Or the State where she serves.

33.	As advised, I submitted another Caste certificate – this time in my father’s name. This was found correct on verification.

34.	 However I was desired to submit Caste Certificate in my name as “daughter of” which I did, by submitting to the Bank a copy of the Caste Certificate No. 4362  issued in my name.

35.       On 21/10/2013 the Bank  forwarded Caste Certificate No.4362 dated 05.05.2008, issued by Tehsildar Bulandshahr,  to the District Magistrate Bulandshahr;   desiring  its “ verification and confirmation of  its genuineness”  to The Regional Director  RBI Mumbai. 

36.	This certificate was also verified by the issuing authorities as having been issued and was confirmed as genuine as late as 11/11/13.

37.	 None of the competent authorities ever termed the certificate submitted by me as FALSE. The U.P State Caste Scrutiny Committee could not verify the earlier certificate because my husband was posted out of Allahabad and was no longer in station at the address given in the application.

38.	 It is only on 11 /04/2014 vide the show cause notice issued on that I was informed that  

 “  the caste mentioned in the certificate (“JAT”) appears in the State list of UP and not in the Central list of UP state. On a reference made by the bank to the Ministry of Social justice &  Empowerment, Department of Social justice &  Empowerment, National Commission for Backward Classes , New Delhi it has been confirmed that the caste mentioned in  the caste certificate submitted by you appears in the OBC list of UP State and the same can be accepted for the UP state’s jobs / educational institutions but it is not valid for central government services / educational institutions.”. 

Even the Show cause notice did not term the Certificate submitted by me as FALSE.

There was no fraud or misleading information submitted by me  at any stage for obtaining the appointment.

39.	 I reiterate that I have not submitted any false or misleading information, false or fake certificate. I am daughter of an OBC and also wife of an OBC .The Certificates submitted by me were issued by the competent authorities. Reference made to the District Magistrate Bulandshahr forwarding Caste Certificate No.  4362 as late as Oct 13 was on 11 Nov 13 found as verified and confirmed genuine. 

40.	 The Caste Certificate No.  4362 dated 05.05.2008 was found invalid only on technical grounds by the NCBC in Feb 2014. It was not false or fake.  Hence my claim of belonging to OBC Category is not false.  My intention was bonafide and never wrong as I was daughter of OBC and wife of OBC.

No candidate  was  denied appointment because of my claim of being an OBC

41.	 At the time of my appointment no candidate was denied appointment because of my claim of being in the OBC category.   Also, there has been no complaint by any contender against my being appointed against OBC Category.  In fact various category vacancies for post of Asst Manager (Security) in Grade A had gone under subscribed during and after my selection, prompting the Bank to make special recruitment drive as under:

Year	General	SC	ST	OBC	Total	Remarks	
Feb 2008	13	04	01	08	26	 10 UR & 02 OBC joined.
	Encl  1A
Nov 2009	07	04*	03**	07***	21	* 4 backlog vacancies
** Includes 1 backlog vacancy
*** Includes 6 backlog vacancies	Encl 1B
Feb 2011	NIL	04	03	06	13	Special recruitment Drive, Raising the age to 45 years as on1.2.2011.	Encl1C
Apr 2011	08	01	01	NIL	10		Encl 1D
Nov
2013	12	09*	03**	10***	34	*Includes 5 backlog vacancies
** backlog vacancies
*** includes 5 backlog vacancies	Encl 1 E

42.	From the pattern of the recruitment drive as shown above, it appears that some vacancies reserved for SC/ST/OBCs were not filled and therefore converted to general category. This is also confirmed  by Reservation Register (Encl 21 A) downloaded from the  website,  extract of which is appended below – self explanatory:

Tally as on 31.12.2013 AM (Security)

	No. of officers in the cadre
	UR	SC	ST	OBC	TOTAL
Requirement in recruitment of (29) 	16	4	2	7	29
Actual (29) 	22	0	1	6	29
Excess/short	6	-4	-1	-1	

Sd                                                                                                                    Sd:
Liaison Officer for SC /ST                                                                              Liaison Officer OBC

 Unblemished record of service 

43.	I am permanent employee of the Bank with five years ten months of unblemished record of very good service in the Bank and leave record. During my  service in the Bank,  as well as five years field area  service in the Army,  I have served with utmost  sincerity, honesty and  devotion to duty with awareness of God above me.  I have been regular on my duty; I have a good leave record and a very good PAR. I deserve sympathetic consideration.

Entitled an inquiry 

44.	 I am permanent / confirmed employee of the Bank. I am  entitled to  inquiry under Rule 14 of CCS(CCA) Rules 1965 as per DOPT O.M. No. 11012/7/91-Estt (A) dated 19/5/1993 and also under RBI (Staff) Regulation) 1948 before terminating my service which procedure appears to have been missed out in my case.  Hence I was denied opportunity to defend; and, principles of natural justice were not followed in my case.

Gender specific complexities 

45.	I applied for caste certificate almost ten years after getting married. Perception in UP , Bihar – for that matter  in the entire country -  is that once the daughter is married she does not belong to parents and does not stay in the parental house.  This is exactly what has usually been reported in my case by the official who  made the inquiry. In his report to the competent authority, he wrote among other points “she is married to ………who belongs to ………… and she does not stay here any more – or words to that effect.  

46.	Because of this mindset, the process of issue of caste certificate for married women in UP / Bihar- for that matter in the entire country -  is very complex as distinguished from that for men. She is a daughter before marriage; and, wife after marriage - referred and treated accordingly even in the matters of issue of caste certificate. It is a culturally ingrained practice in the State Government offices. I had no problem in getting caste certificate issued as “ wife of”.  Even the Bank accepted my certificate as “wife of” at the time of recruitment and also at the time of appointment.

It is unique case 

47.	The posts of AM (Security) are reserved -  exclusively for released Commissioned Officers although with caste based reservations but essentially -  as a measure of rehabilitation as per government policy. It is a unique case of a married woman being appointed in reserved category based upon husband’s caste and removed from service based upon father’s caste - with perhaps no precedence in the past. 

48.	 It has just happened due to the culturally ingrained practice of linking woman’s status to her husband’s caste. The competent authority in Allahabad (U.P.), where I was residing at the time of submission of application, issued the caste Certificate to me as “wife of”.  The Bank accepted my certificate as “wife of” at the time of recruitment and also at the time of appointment. Even as late as  2010, I have been issued the caste certificate as “wife of” in the caste certificate No. CST/D2B08/1/3785 dated 18 Nov 2010, as issued by Block development Officer, District Nalanda (Encl 19 B) and also in the Bank specified proforma by the District Magistrate, Nalanda vide certificate no. 8016 dated 04 Dec 2010 (Encl 19 C). 

49.	Question of Central list and State list came up only when I was issued the show cause notice in Apr 2014 – never before.

50.	In sum :

a)	The grounds on which my services have been unjustly terminated attaches stigma  to my personal reputation and also  prohibits  seeking job in future, besides financial embarrassment.

b)	The posts of AM (Security) are reserved -  exclusively for released Commissioned Officers although with caste based reservations   as a measure of rehabilitation as per government policy. The eligibility condition in terms of age, qualification,  physical fitness or experience was uniform for all categories which implies that the selection criteria and minimum standard for selection was the same for all categories irrespective of caste. 

c)	I was appointed  on my  own merit and not owing to reservation and therefore should not be shown against reserved quota and be adjusted against unreserved quota as per as per DOPT orders on the subject.

d)	Criteria for determining caste status for employment by the Central Government is linked to father. Whereas it is linked to the caste of husband in the States of Bihar and Uttar Pradesh. The certificates are issued by the designated authorities of the State Governments and hence valid and not false as stated by the Bank.

e)	Certificate (s) were issued by competent authorities submitted to Bank who scrutinized every detail and kept me in service for 5 years and ten months  by treating me  belonging to OBC category. 

f)	 The Certificates were always verified by the competent authorities as having been issued confirming its genuineness. There has never been an error of fact in my submission of information or certificate / s. I have not committed any fraud or misrepresentation.

g)	My OBC certificate was issued by competent authority, as “wife of” in conformity with general perception of UP/ Bihar officials that after marriage the guardianship is transferred from father to the husband.   

h)	No general category candidate or OBC candidate was  denied vacancy due to my appointment. There has been no complaint against my having been appointed against any vacancy reserved for OBC. From the pattern of recruitment drive for the post it appears that some vacancies have been converted from OBC to General category. 

i)	With my very good performance in the interview and upward movement in the merit list, I meet the standards laid down for selection as general category candidate for the post.

j)	I am permanent / confirmed employee of the Bank. I am  entitled inquiry which procedure appears to have been missed out in my case. I was denied the principles of natural justice before terminating my service. 

k)	There are gender specific complexities in issue of Caste Certificate and practical difficulties in obtaining it for a married woman whose father as well as husband were / are in jobs with all India Service liability.

l)	It is a unique case of a married woman being appointed in the reserved category based upon husband’s caste and being removed from service based upon her father’s caste.   It just happened due to the culturally ingrained practice of linking the woman’s status to her husband’s caste. 

42.	Under the circumstances as explained above, I deserve benefit of doubt and sympathetic consideration on humanitarian grounds. 

 43.	 I humbly request that the termination of my service order may please be rescinded and I may be reinstated in service by treating me as “OBC passed with general standard” from the date of my joining service i.e. 22 Sep 2008.

 
44.	 Alternately, considering my nearly six years dedicated service in the Bank, I may be considered for appointment in the general category as a fresh candidate by relaxing eligibility conditions of age and I may be kept at the lowest in seniority.