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2026 Supreme(Online)(CAT) 4067
CENTRAL ADMINISTRATIVE TRIBUNAL
B.K. Shrivastava, Member (J), Santosh Mehra, Member(A)
Nelson – Appellant
Versus
Union of India – Respondent
ORIGINAL APPLICATION NO.170/00551/2024
For the Appellants/Petitioners: P. Sreedhara
For the Respondents: K. Gajendra Vasu
Employee submitting invalid certificate from derecognized board ineligible for retention; Rule 11 CCS(CCA) mandates removal irrespective of good faith; coordinate benches must follow identical prior decisions.
Headnote:(A) Central Civil Services (Classification, Control and Appeal) Rules, 1965 - Rule 11 and Rule 14 - Central Civil Services (Conduct) Rules, 1965 - Rule 3(1)(i) and (iii) - Submission of educational qualification certificate from non-recognized board for initial recruitment to post requiring matriculation or equivalent from recognized board - Board dissolved in 1962, certificate issued in 2010/2016 - Appointment liable to termination if false information furnished regarding educational qualifications - Disciplinary inquiry mandatory for permanent employee - Removal from service upheld as charges proved that certificate invalid and applicant ineligible - No opportunity to obtain fresh qualification post-appointment permissible under Rule 11 - Principles of judicial discipline require coordinate bench to follow earlier identical decision. (Paras 8, 9, 10)
(B) Service Law - Fake/Invalid Certificates - Employment notification requires qualification from recognized university/board - Onus on applicant to verify credentials of issuing institution - Good faith or lack of knowledge immaterial if certificate from derecognized entity - Supreme Court ruling cited: probationer or temporary servant dischargeable; permanent - inquiry and removal/dismissal. (Paras 8.2(vi), 9)
(C) Judicial Precedent - Coordinate Benches - Identical facts and circumstances demand same outcome - Deviation without reference to larger bench violates judicial discipline and certainty in law. (Paras 9, 10)
Facts of the case:
Applicant appointed as Multi Tasking Staff on temporary basis in 2017 under UR category, on probation for two years, submitting SSC certificate from Board dissolved since 1962. Complaint led to verification revealing non-recognition; multiple inquiries held post court interventions; removal order upheld on appeal.
Findings of Court:
Certificate invalid as board non-existent/non-recognized since 1962; applicant ineligible for initial recruitment; disciplinary proceedings followed due process; removal justified under rules; no merit in contentions of good faith or opportunity for fresh qualification.
Issues: (1) Validity of educational certificate from derecognized board; (2) Procedural propriety of inquiries and penalty imposition; (3) Entitlement to reinstatement or chance to obtain qualification afresh; (4) Application of precedent from identical prior case.
Ratio Decidendi: Furnishing invalid certificate renders employee ineligible; Rule 11 mandates removal without other penalty; applicant bears verification responsibility; identical cases bind coordinate benches per Supreme Court principles on judicial discipline.
Result: Original Application dismissed. No costs.
| Table of Content |
|---|
| 1. applicant appointed mts with disputed ssc certificate. (Para 1 , 2) |
| 2. applicant argues good faith, procedural lapses in inquiry. (Para 4) |
| 3. respondents prove fake board, rule 11 mandates removal. (Para 5 , 6 , 7) |
| 4. fake certificate justifies removal; prior judgment binding. (Para 8 , 9 , 10 , 11) |
ORDER
Per: Hon’ble Shri Santosh Mehra ____....... Member(A Through this OA, the applicant has sought the following reliefs:
“a) CALL for the entire records pertaining to the impugned Order bearing reference No. BDR/ PF / 64482 / PC dated 23.01.2024 passed by the Disciplinary Authority Respondent No.4 as at ANNEXURE A-12 and = Order bearing __ reference No.TC/10070/1/46/PC dated 02.07.2024 passed by the Appellate Authority Respondent No.3 as at ANNEXURE A-14, peruse the same and on perusal;
(b) ISSUE a Writ, Order or directions in the nature of Certiorari setting aside the Order bearing reference No. BDR/ PF /64482/ PC dated 23.01.2024 passed by the Disciplinary Authority Respondent No.4 as at ANNEXURE A-12 and Order bearing reference No.TC/10070/1/46/PC dated 02.07.2024 passed by the Appellate Authority Respondent No.3 as at ANNEXURE A-14, as unjust, arbitrary, illegal and in violation of the Article 14, 16 and 21 of the Constitution of India.
(c) ISSUE a Writ, Order or direction in the nature of Mandamus directing the respondents to reinstate the applicant into service with all consequential benefits including arrears of pay and allowances from the date of removal from service till the date of reinstatement.
Alternately
ISSUE a Writ, Order or direction in the nature of Mandamus directing the respondents to provide an opportunity to the applicant to obtain the SSC Certificate (being the essential qualification for the post of MTS) from a recognized Board afresh and to submit the same within a reasonable period, and upon production of such valid certificate, the respondents shall reinstate the applicant and continue him in the service.
(d) ISSUE any other order or direction as this Hon'ble Tribunal may deem fit to grant in the facts and circumstances of the case including an order as to costs, in the interest of justice and equity.”
2. The facts in in a nutshell are as follows:
The applicant was appointed as MTS on 21.09.2017. In response to a complaint submitted by an employee regarding submission of fake certificates, a scrutiny was done and it was found that a few employees including the applicant had submitted fake educational certificates. The same was also confirmed by the clarification received from Directorate of Education. Subsequently, Board of Inquiry was conducted and based on the report of the inquiry a charge memo was issued to the applicant. On the basis of directions of the High Court of Karnataka, denovo inquiry was conducted and based on the findings, the applicant was removed from the service by the Disciplinary Authority. The appeal of the applicant against the Orders of the Disciplinary Authority was rejected by the Appellate Authority. Hence, the applicant has approached this Tribunal through this OA for relief.
3, Applicant
(i) The counsel for applicant submits that the applicant, in response to the Employment Notification participated in the selection process & was selected / appointed to the post of MTS (under U/R category) on temporary basis vide letter No. BDR/660/2/PC dt. 21.09.2017 and was placed under probation for a period of Two years.
(11) While the things stood thus, the Respondent No.4 initiated the process of verification of Educational Qualification Certificate of the applicant. The Board of Higher Secondary Education, Delhi vide letter No.DEL/BHSE/257867 dated 09.04.2019 confirmed the validity of its certificate/marks card issued to the applicant in 2010 as genuine.
(111) | However, the Respondent No.4, based on the Second Respondent's report dated 01.06.2021 that the verification of Secondary School Examination Certificate held by the applicant is found to be not genuine, issued the Order of
