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. 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 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 Court criticized the State Government's reliance on resolutions for caste certificate verification, asserting that resolutions cannot replace legally framed rules. 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.