2006 (11) TMI 543 - SC - Indian Laws

Whether respondent obtained employment on forged caste certificate?

Held that:- In the present case, in the earlier proceedings no finding had been recorded that the respondent had not availed of the benefit of belonging to the Scheduled Tribe community for any of the promotions given to him. In fact, the authority was satisfied that he gained initial entry into service as an ’OC’ candidate and not as a Scheduled Tribe candidate. However, it seems that his subsequent promotions were against posts reserved for Scheduled Tribe Community, to which he did not belong. While disposing of the appeal filed by the respondent against the order of the District Collector, Hyderabad, the State Government referred the matter to the employer to take disciplinary proceedings after verifying of the records for production of false Caste certificate. It appears that the respondent availed of the benefit of Scheduled Tribe community for getting two promotions \026 one as UDC and another as LSG Clerk, on the ground that he belongs to Scheduled Tribe community, and it is for these reasons that the authorities issued the impugned Charge Memo dated 23.12.2003. Appeal allowed.