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Calcutta High Court (Appellete Side)

Siddartha Das vs Union Of India & Ors on 4 July, 2018

Author: I. P. Mukerji

Bench: I. P. Mukerji

                                                     1


4.07.2018
   57.
  Asr
                          FMA 2395 of 2016


                          Siddartha Das
                            Versus
                        Union of India & Ors.


                    Md. Yamin Ali

                                     .....for the appellant

                    Mr. P. S. Banerjee
                    Mr. Asit Kumar De

                                 .....for the respondents

We are not minded to interfere with the judgement and order dated 15th July, 2015 passed by the Court below. There are more than one reason for this.

In the enquiry proceeding it has been established which the appellant has been unable to controvert that the caste certificate on which he got employment was a forged document.

Irrespective of the fact that the appellant belongs to the caste-in- question and that he has been able to produce a genuine certificate later on, in principle the order for his termination has to be upheld. This is so because one who practises fraud while getting an employment should be immediately removed on discovery of such fraud, irrespective of the fact whether he makes good his action later.

Mr. Ali, learned Advocate for the appellant has relied on the judgement of the Delhi High Court (Ex-Ct. Satbir VS Union of India (Uoi) And Ors. decided on 2nd September, 2005 and reported in 123(2005) DLT 681).

In that case, we do not find any serious allegation of fraud on the employee. The only substantial allegation against him was that the information which he sought to furnish to his employers was not corroborated by the records of the local authority. Therefore, the Court went into the question of the employees' caste, background etc. In our case, there is a direct allegation that the appellant forged the caste certificate and thereafter produced the genuine one, making this case absolutely different from the one decided by the Delhi High Court.

For all those reasons, this appeal is dismissed. The order of the learned Trial Court dated 15th July, 2015 is affirmed.

( I. P. Mukerji,J.) (Amrita Sinha,J.)