Patna HC Quashes Engineer's Dismissal Over Alleged False Caste Certificate, Says Penalty Can't Be Imposed Until Certificate Is Cancelled

The Patna High Court recently quashed the dismissal of an Assistant Engineer from the Water Resources Department, Bihar, who was accused of using false caste and domicile certificates.

The Court dubbed the dismissal as 'premature', as the necessary procedure to cancel the caste certificate had not been followed. The Court emphasized that disciplinary proceedings cannot be initiated nor a penalty imposed until the caste certificate is formally cancelled by the competent authority.

The division bench of Justice PB Bajathri and Justice SB Pd. Singh stated, “In the light of the aforementioned culled out points, in the present case, as long as caste certificate is not cancelled or confiscated a false caste certificate by the Caste Scrutiny Committee, the appointing authority cannot resort to disciplinary proceedings and to impose penalty, therefore, the impugned decision of the respondent insofar as imposing the penalty of dismissal from service on the appellant is technically premature in the light of principles laid down by the judicial pronouncements cited supra.”

The appellant, who had claimed Scheduled Caste status based on certificates issued in 2014, faced allegations of submitting false caste and domicile certificates, particularly as his father was not a resident of Bihar. The State government initiated a departmental inquiry and dismissed the appellant in accordance with the Bihar Reservation of Vacancies in Posts & Services (for Scheduled Castes, Scheduled Tribes, and Other Backward Classes) Act, 1991. However, the appellant argued that the certificates had not been legally cancelled and that disciplinary proceedings should have been deferred until such cancellation occurred.

The petitioner's counsel contended that the State Government had failed to follow the proper legal process required for cancelling caste and domicile certificates. Under the Bihar Act of 1991, no rules had been framed for such cancellations, making the dismissal technically premature. The counsel also referenced the Supreme Court's ruling in Kumari Madhuri Patil and Another vs. Addl. Commissioner, Tribal Development and Others (1994), which mandates that the cancellation of a certificate must occur before any disciplinary action can be taken.

The respondent's counsel argued that although no formal rules existed under Section 15 of the Bihar Act, the State Government had issued resolutions to guide the verification of caste certificates. The counsel contended that the appellant's caste certificate was under verification and that disciplinary action was justified due to the ongoing misrepresentation, despite the lack of formal cancellation.

The Court, however, found significant procedural lapses in the cancellation of the appellant's caste certificate. It noted that the State Government had failed to frame the necessary rules under Section 15 of the Bihar Act, 1991, which are required for verifying and cancelling caste certificates. This oversight rendered the cancellation action invalid and beyond the scope of the law, thereby invalidating any disciplinary action taken based on it.

The Court referred to the Supreme Court's ruling in Kumari Madhuri Patil v. State of Maharashtra (1994), which clarified that a government servant cannot be penalized for submitting a false caste certificate unless the certificate is first officially cancelled. The Court criticized the State Government's reliance on resolutions for caste certificate verification, asserting that resolutions cannot replace legally framed rules.

The Court also noted that, “In fact, learned Single Judge has failed to take note of the Act, 1991 read with the Section 15. After framing Rules under Section 15, the State Government was required to identify the competent authority to cancel the alleged Caste Certificate.”

The Court directed the concerned authorities, “to take a fresh action for cancellation of both the certificates in accordance with law within a period of 6 months from the date of receipt of this order, failing which any action to be taken against the petitioner insofar as alleged false Caste Certificate and Domicile Certificate stands terminated.”

The Court further directed the concerned respondents, “to settle all his monetary and service benefits which are due to him on account of his retirement including pay fixation and other service benefits.”

The Court allowed the appeal, restored the appellant's service, and set aside the decision of the learned Single Judge, directing that proper verification of the caste certificate be conducted before any further disciplinary actions.

Case Title: Rajive Nandan Mourya v. The State of Bihar & Ors.

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