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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KARDAK ETE
Amit Das S/o Shri Nupur Das – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
GKARDAK ETE, J.
Heard Mr. G.N. Sahewalla, learned senior counsel assisted by Mr.H.K. Sarma, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned standing counsel, Revenue Department for the respondent No.1, Ms. A. Talukdar, learned counsel for the respondents No. 2, 3 & 4 and Mr. A. Sarma, learned counsel for the respondents No. 5, 6 and 7.
2. Challenge made in this petition is to the termination letter dated 23.06.2022 issued by the GM (HR Acquisitions) Officiating for Resident Chief Executive, Oil India Limited, Duliajan, whereby, the appointment of the petitioner as Assistant Operator-I/Assistant Mechanic-I/Assistant Technician-I (Field Engineering) Grade-V, is terminated with immediate effect and blacklisted from applying against any vacancy of Oil India Limited in future on the ground of submission of fake/false Schedule Caste (SC) Certificate.
3. The facts of the case, in brief, are that pursuant to the advertisement by the Oil India Limited inviting application from eligible candidates from its production and exploration area in the district of Dibrugarh, Tinsukia and Charaideo of Assam and Changlang district of Arunachal Pradesh for recruitment to the
Termination of employment based on alleged submission of a fake caste certificate without due process violates principles of natural justice.
Verification of caste status is essential for appointments in reserved categories; reliance on a fraudulent certificate invalidates employment.
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 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 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....
The dismissal of an employee for alleged misconduct must be substantiated by clear evidence; failure to prove the charge renders the dismissal arbitrary and unjust.
Appointment on false caste certificate void ab initio; Scrutiny Committee findings binding; no right to service continuation despite length of service or equity.
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