'Candidate Cannot Be Dismissed From Service If Certificates In Dispute Are Not Cancelled', Patna High Court Sets Aside Order Of Dismissal
4 months ago

'Candidate Cannot Be Dismissed From Service If Certificates In Dispute Are Not Cancelled', Patna High Court Sets Aside Order Of Dismissal

Live Law  

A Division Bench of the Patna High Court comprising Justices P. B. Bajanthri and S. B. Pd. He had procured a residential certificate on 3rd September 2014 and a Scheduled Caste Certificate on 04th September 2014 in Bihar so that he could avail service benefits including monetary benefits. Findings of the Court: The Court observed that the certificates were not cancelled before dismissing the Appellant from service as per the decision passed in Kumari Madhuri Patil and Another vs. Addl. The Court expressed dissatisfaction with the decision of the Single Judge stating that if the Caste Certificate dated 03.09.2014 hadn't been cancelled, imposing penalty of dismissal from service would be premature. Furthermore, the Court perused the order of the Co-ordinate Bench dated 06.02.2023 and concluded that initiating disciplinary proceedings and imposing the penalty of dismissal from service while the Certificates were still not cancelled was clearly immature.

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History of this topic

SC reinstates Sunil Kumar Singh as Bihar MLC
3 weeks, 6 days ago

SC reinstates Sunil Kumar Singh as Bihar MLC

The Hindu  

The Supreme Court has reinstated Rashtriya Janata Dal leader Sunil Kumar Singh to the Bihar Legislative Council in a judgment on Tuesday and set aside Election Commission of India notification of December 30 last year for byelection to his seat. The top court concluded Mr. Singh’s expulsion following his remarks against Chief Minister Nitish Kumar was “highly excessive and disproportionate”. …

Supreme Court Refuses To Give Scheduled Caste Benefit To 'Tanti' Caste Person In Bihar
3 months, 1 week ago

Supreme Court Refuses To Give Scheduled Caste Benefit To 'Tanti' Caste Person In Bihar

Live Law  

The Supreme Court recently refused to extend the benefit of Scheduled Caste reservation to a Central Government employee who belonged to the 'Tanti' caste, which is notified as Other Backward Classes category in Bihar. In 2015, the Bihar Government removed 'Tanti' caste from the OBC list and merged it with 'Pan/Swasi' caste in the Scheduled Castes category. Meanwhile, in July …

Patna HC Quashes Engineer's Dismissal Over Alleged False Caste Certificate, Says Penalty Can't Be Imposed Until Certificate Is Cancelled
3 months, 2 weeks ago

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

Live Law  

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 …

'Time Served On Duty Is Immaterial If Appointment Is Not As Per Law', Patna High Court
3 months, 3 weeks ago

'Time Served On Duty Is Immaterial If Appointment Is Not As Per Law', Patna High Court

Live Law  

A Division Bench of the Patna High Court comprising Justices P. B. Banjanthri and B. PD. Singh held that if a candidate's appointment was not as per law, it would be immaterial as to how many years he has discharged duties in relation to the post. The Bench upheld the order of the Single Judge that had denied relief to …

Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court
3 months, 3 weeks ago

Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court

Live Law  

A Division Bench of the Patna High Court comprising Justices P. B. Banjanthri and B. PD. Singh allowed an appeal challenging the decision wherein an application for compassionate appointment to the post of Constable on the ground that the application was not filed before the authorities within the stipulated time period of 5 years was dismissed by a Single Judge …

Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court
4 months ago

Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court

Live Law  

A Division Bench of the Patna High Court comprising Justices P. B. Bajanthri and S. B. Pd. Singh allowed an appeal challenging the decision wherein an application for compassionate appointment to the post of Constable on the ground that the application was not filed before the authorities within the stipulated time period of 5 years was dismissed by a Single …

Missing Records Don't Invalidate Previously Verified Caste Certificate; Dismissal For Not Providing Digital Certificate Arbitrary: MP HC
4 months, 1 week ago

Missing Records Don't Invalidate Previously Verified Caste Certificate; Dismissal For Not Providing Digital Certificate Arbitrary: MP HC

Live Law  

Madhya Pradesh High Court: A Single Judge Bench of Justice Vijay Kumar Shukla quashed Life Insurance Corporation's dismissal order of a Development Officer for failing to submit a fresh digital caste certificate. During the ongoing departmental proceedings, LIC dismissed Verma for not furnishing an updated digital caste certificate, as per a circular issued on 3 January 2014. Verma argued that …

Termination From Service Based Solely On Implication In Criminal Case Without Affording Opportunity Of Hearing Unmerited: Patna High Court
8 months, 3 weeks ago

Termination From Service Based Solely On Implication In Criminal Case Without Affording Opportunity Of Hearing Unmerited: Patna High Court

Live Law  

The Patna High Court has observed that termination of services of a worker by concerned authority merely on the ground of implication in a criminal case, without affording the worker an opportunity of hearing, is unjustified. The District Programme Officer /respondent, Nalanda had terminated the appellant from post of Aganbari Sevik on 26.02.2014 on the ground that she was implicated …

What Is The Procedure For Cancellation Of Caste Certificate Granted After Scrutiny? Supreme Court In Navneet Kaur Rana's Case
1 year, 1 month ago

What Is The Procedure For Cancellation Of Caste Certificate Granted After Scrutiny? Supreme Court In Navneet Kaur Rana's Case

Live Law  

The Supreme Court on Wednesday, while hearing the challenge against the setting aside of MP Navneet Kaur Rana's cast certificate, asked the counsel for the petitioner to examine what would be the procedure laid down by law when a certificate which is granted after verification is to be cancelled. The bench comprising Justices JK Maheshwari and Sanjay Karol was hearing …

Judge Aspirants Get Relief; Supreme Court Sets Aside BPSC's Rejection Of Candidates For Not Producing Original Certificates
1 year, 6 months ago

Judge Aspirants Get Relief; Supreme Court Sets Aside BPSC's Rejection Of Candidates For Not Producing Original Certificates

Live Law  

The Supreme Court on Friday granted relief to three judicial service aspirants from Bihar whose candidatures were rejected by the Bihar Public Service Commission due to non-production of original certificates at the time of interview. Holding that production of original certificates was not a mandatory condition, the Court directed that the said candidates be accommodated. Holding that production of original …

Patna High Court Censures Darbhanga Sanskrit University VC For Denial Of Retiral Benefits To Former Night Guard
1 year, 8 months ago

Patna High Court Censures Darbhanga Sanskrit University VC For Denial Of Retiral Benefits To Former Night Guard

Live Law  

The Patna High Court has directed the Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar to clear the retiral dues of a former employee within a period of six weeks. Justice Purnendu Singh ordered the the Vice-Chancellor and Registrar of the University to make payment of all the retiral dues including pension along with statutory interest admissible to the former Night …

Ineligible Candidate Has No Locus: Karnataka High Court Sets Aside Order Cancelling Appointment Of Zoology Professor In State University
1 year, 9 months ago

Ineligible Candidate Has No Locus: Karnataka High Court Sets Aside Order Cancelling Appointment Of Zoology Professor In State University

Live Law  

The Karnataka High Court has set aside a single bench order which cancelled the appointment of one Dr M. David to the post of Associate Professor, Zoology Department in the Karnataka University on the ground that he cannot claim caste status since he belongs from Andhra Pradesh. The single judge bench had allowed the petition filed by Dr. H Krishna …

Caste-based survey | Dispose-off case as early as possible, Bihar Govt appeals to Patna High Court
1 year, 10 months ago

Caste-based survey | Dispose-off case as early as possible, Bihar Govt appeals to Patna High Court

The Hindu  

The Bihar Government on May 6 appealed the Patna High Court to ‘dispose-off’ the case of caste-based survey as soon as possible. Editorial | The caste imperative: On the subject of an updated caste census On May 4, the Patna High Court stayed the caste-based survey in its interim order while hearing a petition challenging and seeking an interim stay …

Supreme Court To Hear On March 28 MP Navneet Kaur Rana's Plea Against Bombay HC Judgment Cancelling Caste Certificate
2 years ago

Supreme Court To Hear On March 28 MP Navneet Kaur Rana's Plea Against Bombay HC Judgment Cancelling Caste Certificate

Live Law  

The Supreme Court will hear on March 28 MP Navneet Kaur Rana's challenge against the Bombay High Court order which had set aside her caste certificate. Observing that the Amravati MP had committed 'systematic fraud', the Bombay High Court cancelled her caste certificate and the Caste Scrutiny Committee's 2017 order validating her claim of belonging to the 'Mochi' Schedule Caste. …

Civil Judge Recruitment | Production Of Original 'Non-Creamy Layer Certificate' In Interview Necessary To Avail Reservation: Patna High Court
2 years, 7 months ago

Civil Judge Recruitment | Production Of Original 'Non-Creamy Layer Certificate' In Interview Necessary To Avail Reservation: Patna High Court

Live Law  

The Patna High Court has upheld the decision of Bihar Public Service Commission not considering a candidate under reserved category over his failure to produce original non-creamy layer certificate at the time of interview in terms of requirement under interview letter. The division bench of Justice Ashwani Kumar Singh & Justice Shailendra Singh observed: In the instant case, clause 3 …

After Supreme Court's Advice, Patna High Court Drops Departmental Proceedings Against Judge
2 years, 7 months ago

After Supreme Court's Advice, Patna High Court Drops Departmental Proceedings Against Judge

Live Law  

In line with the Supreme Court's recent suggestion, the Patna High Court yesterday recalled the suspension orders and dropped all departmental proceedings against Additional Sessions Judge Shashi Kant Rai. To this effect, the administrative order passed by the Legal cell of the Patna High Court reads as follows, "Having considered the order dated 08.08.2022 passed in W.P 557/2022 titled as …

"Appointment Secured By Forging Caste Certificate": Allahabad High Court Upholds Termination Of Govt Teacher's Services
3 years, 3 months ago

"Appointment Secured By Forging Caste Certificate": Allahabad High Court Upholds Termination Of Govt Teacher's Services

Live Law  

The Allahabad High Court today upheld the order of the District Basic Education Officer terminating the services of a woman Government Teacher who was found to have forged and fabricated a caste certificate for securing her appointment.Observing that in her application, a woman Government Teacher had mentioned her caste to be 'Ansari', but she had submitted the caste certificate of …

SC Stays Bombay HC Verdict Cancelling Caste Certificate of Amravati MP
3 years, 9 months ago

SC Stays Bombay HC Verdict Cancelling Caste Certificate of Amravati MP

News 18  

In a relief to Lok Sabha MP Navneet Kaur Rana, the Supreme Court Tuesday stayed the Bombay High Court verdict cancelling the caste certificate of the independent lawmaker representing Maharashtra's Amravati constituency, reserved for scheduled castes. The Bombay High Court had on June 9 cancelled the caste certificate of Rana, saying it was obtained fraudulently using fabricated documents, and had …

Govt employees holding fake caste certificates to be terminated from service: Chhattisgarh govt
4 years, 4 months ago

Govt employees holding fake caste certificates to be terminated from service: Chhattisgarh govt

India TV News  

In Chhattisgarh, government servants holding fake caste certificates will be terminated from service. Chief Minister Bhupesh Baghel has instructed to dismiss all government servants holding fake or false caste certificates immediately from service on Friday. According to the General Administration Department, after the formation of Chhattisgarh state in the year 2000, a total of 758 cases of fake and false …

Appointment Secured On The Basis Of A Fraudulent Caste Certificate Is Void Ab Initio: SC [Read Order]
5 years ago

Appointment Secured On The Basis Of A Fraudulent Caste Certificate Is Void Ab Initio: SC [Read Order]

Live Law  

The Supreme Court has observed that an appointment secured on the basis of a fraudulent caste certificate is void ab initio and Government Resolutions and Circulars cannot protect such appointees. The Apex Court bench noted that in Punjab National Bank, the Supreme Court had enforced similar resolutions and held that the candidates were protected by virtue of the government resolutions. …

Public Employment: Can Reservation Claims Be Considered Even If Caste Certificates Were Not Produced Before Cut Off Date? SC Refers To Larger Bench [Read Order]
5 years, 1 month ago

Public Employment: Can Reservation Claims Be Considered Even If Caste Certificates Were Not Produced Before Cut Off Date? SC Refers To Larger Bench [Read Order]

Live Law  

The Supreme Court has observed that allowing the applicants to public posts to submit certificates in proof of their claim of reservation subsequent to the notified cut-off date would create administrative chaos. The bench of Justices Mohan M. Shantanagoudar and R. Subash Reddy referred the matter to a larger bench to reconsider the observations made in Ram Kumar Gijroya vs …

Cannot Take Benefit Of Reservation Just Because Spouse Belongs To Scheduled Caste: SC [Read Judgment]
7 years, 2 months ago

Cannot Take Benefit Of Reservation Just Because Spouse Belongs To Scheduled Caste: SC [Read Judgment]

Live Law  

The Supreme Court, on Friday, refused to allow a woman to take benefit of reservation just because she was married to a man who belonged to the Scheduled Castes, asserting that caste is determined by birth and not by marriage. "There cannot be any dispute that the caste is determined by birth and the caste cannot be changed by marriage …

High court vacates its stay on order declaring Patna Sikh shrine’s panel election null and void
7 years, 3 months ago

High court vacates its stay on order declaring Patna Sikh shrine’s panel election null and void

Hindustan Times  

The Patna high court on Monday quashed its stay on the district judge’s order declaring null and void the election of office-bearers to the prabandhak committee of Takht Sri Harimandir Ji, Patna Saheb, on technical ground. A division bench of chief justice Rajendra Menon and justice Anil Kumar Upadhyay passed the order on Amarjeet Singh’s appeal challenging the November 21 …

Brahmin Woman Can’t Get SC/ST Status After Marrying SC/ST Man: Himachal Pradesh HC [Read Judgment]
7 years, 4 months ago

Brahmin Woman Can’t Get SC/ST Status After Marrying SC/ST Man: Himachal Pradesh HC [Read Judgment]

Live Law  

The Himachal Pradesh High Court has reiterated that a person who does not belongs to a Scheduled Tribe or a Scheduled Caste category by birth, simply by virtue of marrying a person belonging thereto cannot gain the status of that particular caste or tribe.The bench of the Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel upheld the order …

Brahmin Woman Can’t Get SC/ST Status After Marrying SC/ST Man: Himachal Pradesh HC [Read Judgment]
7 years, 4 months ago

Brahmin Woman Can’t Get SC/ST Status After Marrying SC/ST Man: Himachal Pradesh HC [Read Judgment]

Live Law  

The Himachal Pradesh High Court has reiterated that a person who does not belongs to a Scheduled Tribe or a Scheduled Caste category by birth, simply by virtue of marrying a person belonging thereto cannot gain the status of that particular caste or tribe.The bench of the Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel upheld the order …

Conviction cannot be suspended to facilitate Contesting Election: Patna High Court [Read Judgment]
9 years, 5 months ago

Conviction cannot be suspended to facilitate Contesting Election: Patna High Court [Read Judgment]

Live Law  

The Patna High Court Single Bench, Justice Ashwani Kumar Singh, dismissed an Interlocutory Application for stay on conviction, in a Criminal Appeal preferred by Ram Naresh Rai who had incurred disqualification for being chosen as a Member of the Bihar Legislative Assembly. A common judgment and order of conviction and sentence was passed on 02.06.2015 and 04.06.2015 respectively by the …

Conviction cannot be suspended to facilitate Contesting Election: Patna High Court [Read Judgment]
9 years, 5 months ago

Conviction cannot be suspended to facilitate Contesting Election: Patna High Court [Read Judgment]

Live Law  

The Patna High Court Single Bench, Justice Ashwani Kumar Singh, dismissed an Interlocutory Application for stay on conviction, in a Criminal Appeal preferred by Ram Naresh Rai who had incurred disqualification for being chosen as a Member of the Bihar Legislative Assembly. A common judgment and order of conviction and sentence was passed on 02.06.2015 and 04.06.2015 respectively by the …

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