Fake Caste Certificate Employment: Supreme Court Upholds Dismissal of Railway Employee

The Supreme Court’s judgment in State of Orissa & Anr. vs. Bibhisan Kanhar, delivered on July 17, 2017, addressed a critical issue regarding the fraudulent use of caste certificates to secure government employment. The ruling confirmed that an individual who obtains employment using a fake caste certificate is liable for dismissal, even if they were not appointed to a reserved post.

The case involved Bibhisan Kanhar, who secured employment in the Revenue Divisional Commissioner’s Office, Cuttack, by presenting a false caste certificate. A State Level Scrutiny Committee found that he did not belong to the Scheduled Tribe (ST) category and recommended his removal from service. The Supreme Court overturned the Orissa Administrative Tribunal and High Court orders that had directed his reinstatement.

Background of the Case

The respondent, Bibhisan Kanhar, was appointed as a Farash in the Revenue Divisional Commissioner’s Office, Cuttack, based on a caste certificate claiming he belonged to the Kandha tribe (Scheduled Tribe category). Later, an inquiry was conducted regarding the authenticity of his caste status.

Key events in the case:

• Employment Process: The respondent secured employment based on a caste certificate stating he belonged to the Kandha tribe.
• State Level Scrutiny: An investigation revealed he actually belonged to the Pano community, which falls under the Scheduled Caste (SC) category.
• Caste Certificate Revocation: The scrutiny committee canceled his caste certificate and recommended his removal from service.
• Employment Termination: Based on the findings, he was dismissed from service.
• Tribunal and High Court Rulings: The Orissa Administrative Tribunal and Orissa High Court reinstated him, arguing he was not appointed to a reserved post.
• Supreme Court Appeal: The State of Orissa challenged these rulings.
• July 17, 2017: The Supreme Court upheld his dismissal.

Arguments by the Petitioners (State of Orissa)

The State of Orissa contended:

• The respondent fraudulently obtained employment by submitting a false caste certificate.
• Even though he was not appointed to a reserved post, his employment would not have been considered if he had not falsely claimed ST status.
• The State Level Scrutiny Committee had properly examined and canceled his caste certificate.
• His continued employment violated the principles of fairness and justice.

Arguments by the Respondent (Bibhisan Kanhar)

The respondent argued:

• He was not appointed to a post specifically reserved for Scheduled Tribes, so his caste status was irrelevant.
• The tribunal and high court had correctly found that his dismissal was unjustified.
• The scrutiny committee’s findings should not automatically lead to dismissal.
• He had worked for several years, and termination at this stage was unfair.

Supreme Court’s Observations

The Supreme Court, comprising Justices S.A. Bobde and L. Nageswara Rao, made the following key observations:

“His name would not have been sponsored but for the certificate which showed that he belongs to the Scheduled Tribes community.”

“The State Level Scrutiny Committee recorded a finding that the respondent indulged in fraud in obtaining a certificate showing that he belongs to a Scheduled Tribe.”

“The High Court committed a serious error in recording a finding that there is no evidence to show that the respondent has obtained the certificate only to procure employment.”

Supreme Court’s Judgment

The Supreme Court ruled:

• The Orissa Administrative Tribunal and High Court orders reinstating the respondent were set aside.
• The cancellation of the caste certificate by the State Level Scrutiny Committee was upheld.
• The respondent’s dismissal from service was legally justified.
• The appeal filed by the State of Orissa was allowed, and no costs were imposed.

Key Takeaways

1. Fraudulent Caste Certificates Lead to Dismissal: Employees who obtain jobs through false caste certificates are not entitled to retain employment.
2. Caste Scrutiny Committees Have Legal Authority: Their findings on fraudulent caste claims are binding unless overturned by higher courts.
3. Appointment to General Category Does Not Justify Fraud: Even if an employee is not appointed under a reserved quota, misrepresentation in the hiring process warrants dismissal.
4. Fairness and Integrity in Public Service: The ruling upholds the importance of honesty in government employment procedures.

Impact of the Judgment

The ruling has significant implications for employment law and reservation policies:

• Strengthens the scrutiny process for caste certificate verification.
• Ensures only deserving candidates benefit from reservation policies.
• Reaffirms that fraudulent claims in government employment are not tolerated.
• Provides clarity on the legal consequences of submitting false caste certificates.

Conclusion

The Supreme Court’s decision in State of Orissa vs. Bibhisan Kanhar reinforces the principle that fraudulent caste certificates cannot be used to gain employment. By upholding the dismissal of the respondent, the ruling ensures fairness and integrity in public service recruitment. This judgment serves as a precedent for similar cases, highlighting the legal consequences of misrepresentation in job applications.

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Download Judgment: State of Orissa & An vs Bibhisan Kanhar Supreme Court of India Judgment Dated 17-07-2017.pdf

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