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RAJANI DUBEY
Shirin Kawar W/o Mulchand Kawar – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. This petition under Article 226 of the Constitution of India has been filed by the petitioner Mulchand Kawar challenging the order dated 31.5.2016 passed by respondent No. 3 terminating his services on the ground of submission of forged caste certificate; the enquiry report dated 17.11.2015 and the order dated 22.12.2015 of CG State Scheduled Tribe Commission recommending termination of petitioner’s services (Annexure P/1).
2. Brief facts of the case, as mentioned in the writ petition, are that the petitioner Mulchand Kawar was appointed on 12.11.1987 on the post of UDT and at the time of termination, he was holding the post of Principal, Govt. School, Khediago, Block Division Pithora, District Mahasamund. Upon a complaint made by one Lav Kumar on 19.8.2015 against the petitioner that he has obtained government job on the basis of fake caste certificate, an enquiry was conducted into the matter by Sub Divisional Officer, Renenue, Pithoura. In his enquiry report, the SDO held that the petitioner has forged his caste certificate as in the Missal record of his ancestors, his caste is shown as Christianity.
Based on the said enquiry report, CG Scheduled Tribe Commission vide im
The verification of validity of caste certificate and determination of caste status should be done only by the Caste Scrutiny Committee constituted in accordance with the law.
The judgment underscores the significance of prompt scrutiny of caste certificates and the impact of false certificates on genuine candidates, emphasizing the need for swift resolution of caste-relat....
The main legal point established in the judgment is the protection of the petitioner's service despite the cancellation of her caste certificate, along with the limitation on claiming benefits as a S....
Verification of caste status is essential for appointments in reserved categories; reliance on a fraudulent certificate invalidates employment.
The court emphasized the protection of service benefits for appointments that have become final and considered the circumstances of caste certificate issuance to determine entitlement to benefits.
The main legal point established in the judgment is the distinction between false certificate and forged certificate, and the application of relevant sections of the Indian Penal Code (IPC) to define....
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