Action against Government Servants who get appointment on the basis of false SC/ST/OBC certificates

No.36011/1/2012-Estt. (Res.)

Government of India

Department of Personnel and Training

Establishment (Reservation) Section

North Block, New Delhi-110001

Dated the 10th January, 2013.

OFFICE MEMORANDUM

Sub:- Action against Government servants who get appointment on the basis of false SC/ST/OBC certificates.

The undersigned is directed to invite reference to this Department’s OM No.11012/7/91-Estt.(A) dated 19.5.1993 which provides as under:-

"Wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc., for initial recruitment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. If, he is probationer or a temporary Government servant, he should be discharged or his services should be terminated. If he has become a permanent Government servant, an inquiry as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges are proved, the Government servant should be removed or dismissed from service. In no circumstances should any penalty be imposed".

2. The position was reiterated vide this Department’s OM No.42011/22/2006-Estt.(Res.) dated the 29th March, 2007 that the cases other than those protected by the specific order of the Apex Court should be dealt with in accordance with the instructions contained in the aforesaid O.M. However, it has been observed that disciplinary proceedings in the cases involving appointments on the basis of false/fake caste certificates take considerable time and the persons who have secured employment on the basis of false caste certificates enjoy the benefits of Government service whereas such Government servants should be removed / dismissed from the service at the earliest.

3. It is requested that disciplinary enquiries involving the matter of securing jobs on the basis of false/fake certificates should be completed in a time bound manner and unscrupulous persons who have got appointment on the basis of fake/ false caste certificates should not be retained in service and should be dismissed / removed thenceforth.

4. Contents of this OM may be brought to the notice of all concerned.

sd/-

(Sharad Kumar Srivastava)

Under Secretary to the Government of India

Source : www.persmin.nic.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36011_1_2012-Estt-Res.pdf]

Appointment on Fake Caste Certificates

Information about appointments secured on the basis of fake/false caste certificates is not centrally maintained.

However, the Central Government had taken one time exercise to collect information about appointments secured on the basis of fake/false caste certificates in the year 2010. As per information received from various Ministries/Departments etc., 1832 appointments were allegedly secured on the basis of fake/false caste certificates. Disciplinary proceedings had been instituted in all the cases. It was reported that out of the above 1832 cases, 276 had been resulted in suspension/removal etc., whereas 521 cases were entangled into litigations and in remaining 1035 cases disciplinary proceedings were pending.

The Government instructions provide that an appointing authority should verify the caste status of SC/ST/OBC candidates at the time of initial appointment as well as every important upturn of the employee’s career.

Chief Secretaries of States/Union Territories have been requested to issue instructions to the District Magistrates/District Collectors/Deputy Commissioners of the Districts to the effect that when asked to verify the veracity etc. of caste certificates, they should ensure at their own level that veracity of the caste/community certificate referred to the district authorities is verified and reported to the appointing authority within one month of receipt of request from such authority. In order to rule out collusion between candidates holding false/forged certificate and employees at the district level or sub-district level, disciplinary proceedings may be initiated against officers who default in timely verification of caste status in such cases or issue false certificates.

This was stated by Shri V. Narayanasamy, Minister of State in the Ministry of Personnel, Public Grievances and Pension and Minister of State in the Prime Minister’s Office in written reply to a question by Shri Aayanur Manjunatha in the Rajya Sabha.