Production of false community certificate for securing employment constitutes serious misconduct warranting dismissal from service.

Headnote:
False Community Certificate - Employment Dispute - The court found that the petitioner produced a false community certificate claiming himself as Scheduled Caste (Harijan) for securing age relaxation and appointment, when he actually belonged to the Backward Class. The court upheld the dismissal from service as just and appropriate.
Fact of the Case:

The petitioner was dismissed from service for producing a false community certificate claiming himself as Scheduled Caste (Harijan) for securing age relaxation and appointment, when he actually belonged to the Backward Class.
Finding of the Court:

The court found that the petitioner's actions constituted serious misconduct and upheld the dismissal from service as just and appropriate.
Issues: The main issue was whether the petitioner's production of a false community certificate claiming himself as Scheduled Caste (Harijan) for securing age relaxation and appointment warranted dismissal from service.
Ratio Decidendi: The court held that the petitioner's actions of producing a false community certificate constituted serious misconduct, justifying the dismissal from service.
Final Decision: The court dismissed the Writ Petition, upholding the dismissal from service and ordering the respondents to bear the costs.

ORDER

This Writ Petition is filed calling for the records on the file of the respondents 1, 2 and 3 in connection with the orders passed by them in Proc. No.57190/ F4/TTC/84 dated 08.03.1985, Proc.No.55/CHO/2004 dated 03.03.2004 and Letter No.36590/L10/SM/SETC/02 dated Nil of February 2011 respectively and quash the same and direct the respondents to reinstate the petitioner in service notionally with all monetary and service benefits and pay pensionary benefits.

2.The case of the petitioner is that he was selected as Apprentice on

07.05.1979 and subsequently absorbed as Junior Assistant on 08.05.1980 in Thiruvallur Transport Corporation Limited. He was placed under suspension by the Personnel Officer vide Memo.No.163/30120/A1/TTC/83 dated 31.08.1993 on the ground that an enquiry in connection with certain grave charges is pending against him. He submitted his explanation dated 10.10.1983 for the charge memo. Not satisfied with his explanation, an enquiry was conducted. The Enquiry Officer found that charges 1, 2, 3 and 5 had been proved and charge No.4 had not been proved. A second show cause notice dated 26.11.1984 was issued to him. He submitted his explanation on 25.02.1985. Not satisfied with his explanation, he was dismissed from service by Managing Director in his Proceedings No.57190/F4/TTC/84 dated 08.03.1985.

2.1.It is submitted by the learned counsel for the petitioner that, the allegations that he produced a Community certificate claiming that he belongs to Scheduled Caste (Harijan) for securing age relaxation and appointment is not correct. He belongs to Backward Class community. His service records reflects that he belongs to Backward Class community. Without any proper evidence, the Enquiry Officer found him guilty of the charges, especially, when there are no materials available to show that he produced a community certificate claiming that he belongs to Scheduled Caste (Harijan). The Management witnesses claim that the documents in respect of community certificate and age of the petitioner are missing from the concerned files. He cannot be fastened with the responsibility for missing of documents, merely on the suspicion that petitioner would have removed the community certificate or someone else interested in the petitioner would have removed the community certificate. Suspicion, however strong, will not take the place of proof. The document Ex.M10 relied to conclude that petitioner belongs to Scheduled Caste (Harijan) is not correct for the reason that Ex.M10 is a created document by the Management. Petitioner is not the author of this document. Ex.M14 was sent by a fictitious person inimical towards the petitioner. Persons more aged than the petitioner were also selected. Therefore, the claim that petitioner claims himself that he belongs to Scheduled Caste (Harijan) to get age relaxation and appointment is not correct. In the said circumstances, this Writ Petition is filed.

3.In reply, learned counsel for the respondents submitted petitioner’s name was sponsored by the Employment Exchange along with others. At the time of appointment, petitioner was aged more than 30 years. The maximum age for Backward Class was 30 and Scheduled Caste was 35. Petitioner produced certificate claiming himself as Scheduled Caste (Harijan) and on that basis, he got age relaxation and appointment. Later, he produced community certificate claiming himself as Backward Class and that was entered in his service register. The certificate produced by him claiming himself as Scheduled Caste (Harijan) had been missing from the file and the relevant entry in the register was torn. However, when the petitioner was appointed, the details of the petitioner was entered in a register along with other persons. It clearly shows that petitioner has given his community as Scheduled Caste (Harijan). This register is kept in the office in its regular business and it could not have been tampered by anyone. Ex.M10 is the extract of this register. There

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