Central Administrative Tribunal - Jabalpur
Ranjeet Singh Bepari vs South East Central Railway on 5 December, 2025
1
(Reserved on 11.11.2025)
CENTRAL ADMINISTRATIVE TRIBUNAL
JABALPUR BENCH
(Circuit Sitting Bilaspur)
Original Application No. 188 of 2022
Jabalpur, this the 05th day of December, 2025
HON'BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE SMT. MALLIKA ARYA, ADMINISTRATIVE MEMBER
Ranjeet Singh Bepari, S/o Shri Rajeshwar Prasad Behari, aged about 60
years, working Assistant Personnel Officer/SECR/Raipur, R/o MIG -
5/15, Mansarovar Colony, East Durg, Bhilai - 3, Distt - Durg (CG) -
490021. -Applicant
Advocate for the applicant: Shri A.V. Shridhar
Versus
1. Union of India though General, South East Central Railway, New G.M.
Building, Bilaspur, Chhattisgarh - 495004.
2. Principal Chief Personnel Officer, South East Central Railway, Bilaspur
Chhattisgarh - 495004. -Respondents
Advocate for the respondents : Shri D.S. Baghel
ORDER
Delivered by Akhil Kumar Srivastava, Member (Judicial) :-
In the present original application, the applicant seeks to quash the order dated 03.02.2022 passed by the (Annexure A-1), to direct the respondents to allow him continue in service with all consequential benefits.
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2. Briefly, the facts of the case are that the applicant having a caste certificate of Scheduled Tribe (sub tribe 'Gond') was initially appointed as Senior Clerk vide order dated 28.01.1987. Subsequently, he was promoted to the post of Head Clerk vide order dated 17.01.2003 and was thereafter promoted to the post of Chief Office Superintendent vide order dated 30.01.2006. Thereafter, on qualifying the department examination against 70% quota, the applicant was promoted to the post of Assistant Personnel Officer (Annexure A-4). The applicant claims that his initial appointment as well as subsequent promotions was made against unreserved category post. On a complaints made by some person in the year 2015 the Higher Power Caste Scrutiny Committee vide its order dated 17.08.2015 cancelled the caste certificate issued to the applicant on 23.08.1984 observing that the applicant could not prove that he belongs to Scheduled Tribe category sub tribe 'Gond'. Thereafter, in pursuance to the cancellation of the caste certificate a Show Cause Notice dated 26.02.2016 was issued to the applicant seeking reply as to why his services be not terminated for producing false caste certificate and as to why penal action be not initiated against the applicant (Annexure A-8). The applicants states that since the caste ANAND 2025.12.09 Page 2 of 15 PRAKASH 16:25:04 DUBEY +05'30' 3 certificate being old records was not in his possession, he made application on 22.03.2016 under RTI before the Competent Authority for obtaining the caste certificate but due to non- availability of record, same was not supplied to him. Subsequently pursuant to the order passed by this Tribunal in OA No. 462/2016 filed by the applicant, he was granted personal hearing on and was further directed to submit a detail narration of facts which he submitted on 21.05.2018 (Annexure A-13). Thereafter, at the fag end service career, the respondents vide order dated 03.02.2022 (Annexure A-1) terminated his service while he was due to superannuate in the month of March, 2022.
3. Being aggrieved, the applicant has filed the present Original Application inter alia on the ground that there is no allegation that that the certificate was false, fabricated or manipulated by concealment or otherwise and obtained the initial appointment or subsequent promotions by using the same as he was recruited against unreserved category post on merits and no relaxation in age or otherwise was obtained by him. Even the Caste Scrutiny Committee has not observed that certificate issued to the applicant was false and therefore reliance of the respondents on false caste ANAND 2025.12.09 Page 3 of 15 PRAKASH 16:25:04 DUBEY +05'30' 4 certificate is baseless. Further, if the applicant was seeking the benefit of caste certificate, the respondent was under an obligation to get the caste certificate verified at the relevant point of time and there is no proper explanation for such delay. In support of his claim, the learned counsel for the applicant cited the judgment of Hon'ble Supreme Court in the case of Dattu VS State of Maharashtra- reported in 2012 1 SCC 549 and Kavita Solanke V s State of Maharashtra and others - 2001 1 SCC 4. The learned counsel for the applicant also cited the order of this Tribunal dated 11.04.2018 passed in OA No. 56/2016 - Ganpati Vs. The Bhilai Steel Plant through its General Manager & Another and submitted that in the said OA, the Tribunal directed for reinstatement of the applicant therein who had submitted the caste certificate without there being any element of fraud/manipulation in the caste certificate and had put in more than 19 years of service. Thus, the learned counsel for the applicant submitted that the action of the respondents in terminating the service of the applicant just before a month of his superannuation is not justified and prayed that the OA may be allowed and the relief may be granted to the applicant. ANAND 2025.12.09 Page 4 of 15 PRAKASH 16:25:04 DUBEY +05'30' 5
4. Respondents have contested the case and filed reply stating It is further submit that the applicant committed a fraud by not intimating of his correct Caste/Tribe at any point of time until cancelled by High Power Caste Scrutiny Committee and on the basis of false cast certificate, he secured appointment and subsequent promotions as well as other benefits. The High Power Scrutiny Committee after giving reasonable opportunity to the applicant to establish his case which he failed to do so, cancelled the cast certificate vide its order dated 17.08.15 which had not been challenged before any higher authority or any Court of law and has attained finality. The respondents further stated that since the initial appointment of the applicant was not against unreserved category, therefore, as para 12 of Offer of Appointment (Annexure A-l), he was required to produce latest Caste Certificate in prescribed form. Apart this, in the Box No.2 meant for "Scheduled Tribe" of officer of appointment, the applicant had entered his sub caste as "GOND" (Annexure R-3) and the same was suffixed against the name of the applicant in all the orders and documents issued pursuant to his selections/promotions to different posts. The respondents further contended that against 30% LDCE exam for Assistant Personnel Officer, as no ST candidate was qualified ANAND 2025.12.09 Page 5 of 15 PRAKASH 16:25:04 DUBEY +05'30' 6 against the reserved 'ST' vacancy, the applicant along with 07 'ST' candidates were declared passed against Relaxed Standards in terms of Railway Board's letter dated 28.06.1995. The respondents also referred to Office Order dated 10.08.2005 and dated 06.09.2005 (Annexure R-4) indicating the name of applicant qualifying against relaxed standards. In the year 2008, the applicant again applied for Selection as 'ST' category candidate for the post of Assistant Personnel Officer (UR-02 & SC-01) against 70% quota. Thus the applicant explicitly and impliedly intended to take the benefits available to reserved category candidates and also availed the benefits earmarked for 'ST" category candidates.
5. The respondents further contended that as per his own admission, the father of applicant belongs to State of West Bengal and was a member of 'Namo Shudra' Community which is categorized as 'Scheduled Caste' in that State whereas the applicant declared himself to be of "GOND" Community. The High Power Certification Scrutiny Committee in the order dated 17.08.2015 observed that applicant could not submit any documents to establish domicile of Chhattisgarh state prior to issue of Notification dated 06.09.1950, therefore, after detailed ANAND 2025.12.09 Page 6 of 15 PRAKASH 16:25:04 DUBEY +05'30' 7 deliberations and proceedings, the High Power Certification Committee has cancelled the caste certificate issued in favour of the applicant invoking the provisions of Rule 23(2) and 23(5) of the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Rules, 2013. The applicant could not submit any legible and valid document before High Power Certification Committee Raipur (Chhattisgarh) to certify that his caste is GOND.
6. Learned counsel for the respondents submitted an act of deliberate deception with a design to secure something, which is otherwise not due, tantamount to fraud. Applicant had been considered against UR vacancies taking him into the zone of consideration as 'ST' candidate extending all benefits applicable to reserved category candidates. Further though not empanelled, have appeared in written examination and viva-voce for Selection for Promotion to the post of Asstt. Personnel Officer against relaxed standards for vacancies notified in the year 2004. Again in the year 2008, he applied for the post of Asstt. Personnel Officer as 'ST' category candidate. Again the Applicant was extended the benefit of up-gradation under 80:20 Rule from Grade Pay Rs. 4800/-to Rs. ANAND 2025.12.09 Page 7 of 15 PRAKASH 16:25:04 DUBEY +05'30' 8 5400/- against the reservation replacement roster earmarked for 'ST' point. Learned counsel for the respondents further submitted that as per Railway Boards letter dated 28.06.1996 (Annexure R-8) and 07.07.2005 (Annexure R-10), SC/ST candidates who have secured job on production of false caste certificate and if the verification through proper channel reveals that the claim to belong to scheduled caste or scheduled tribe as the case may be is fals, the services will be terminated forth with without assigning any further reasons and without prejudice to such further action as may be taken under the provisions of Indian Penal Code for production of false certificate. Learned counsel for the respondents further submitted that in the declaration at the end of the application form the applicant had given an undertaking that in the event of any misstatement/discrepancy in particulars given by him, his services will be liable to be terminated without assigning any further reasons. Thus, the learned counsel for the respondents submitted that there is no illegality in terminating the services of the applicant and prayed that the OA may be dismissed.
7. In rejoinder, the learned counsel for the applicant has emphasized that applicant had never been granted the benefits of ANAND 2025.12.09 Page 8 of 15 PRAKASH 16:25:04 DUBEY +05'30' 9 reserved category candidates for the reason that he was meritorious and senior enough to be promoted against unreserved category posts. The respondents have also admitted the fact that the applicant had been promoted as Assistant Personnel Officer against unreserved category post and on completion of 3 years of regular service was placed in higher scale of Group 'B' and thus has not availed any benefits of reserved category candidate. The learned counsel also emphasized that mere cancellation of the caste certificate does not ipso facto establish that the caste certificate was fake and the High Power Caste Scrutiny Committee had never made any recommendation pursuance to which order dated 03.02.2022 has been passed. It is further submitted that there is no whisper in the records that the applicant had procured bogus caste certificate. The learned counsel for the applicant reiterated that the applicant has not been granted the benefits of caste certificate either at the time of initial recruitment or in the subsequent promotion during his service career.
8. We have heard Shri A.V. Shridhar, learned counsel for the applicant and Shri D.S. Baghel, learned counsel for respondents. ANAND 2025.12.09 Page 9 of 15 PRAKASH 16:25:04 DUBEY +05'30' 10 We have also perused the pleadings and considered rival contentions.
9. The sequence and the narration of facts above leaves little doubt in our mind that the caste certificate issued on 23.08.1984, on the basis of which the applicant allegedly got employment, after complaint received in the year 2015, was cancelled by the Scrutiny Committee on 17.08.2015, resulting in termination of the services by order dated 03.02.2022. As noted above, the said order of the Scrutiny Committee having not been challenged has attained finality and remains in operation.
10. Now, to our mind, the questions for our consideration would be: (i) whether delay in making reference to the Scrutiny Committee for verification of the caste certificate per se vitiates the order of termination of services of an employee, even when the certificate is ultimately found to be false and (ii) whether because of the employee having rendered services to the employer for over 25 years, would it be equitable to cancel his appointment ? ANAND 2025.12.09 Page 10 of 15 PRAKASH 16:25:04 DUBEY +05'30' 11
11. Both the issues are no longer res integra. The implications of misuse of the benefits conferred by the Constitution on a particular section or sections of the citizenry were highlighted by the Hon'ble Supreme Court in the case of Kumari Madhuri Patil & Anr. Vs. Addl. Commissioner, Tribal Development & Ors - (1994) 6 SCC
241. In the said judgment, the Hon'ble Apex Court has held as under: -
"... admission wrongly gained or appointment wrongly obtained on the basis of false social status certificate necessarily has the effect of depriving the genuine Scheduled Castes or Scheduled Tribes or OBC candidates as enjoined in the Constitution of the benefits conferred on them by the also denied Constitution. The genuine candidates' admission to educational institutions or appointments to office or posts under a State for want of social status certificate."
12. Similarly, the plea regarding rendering of services for a long period has been considered and rejected by the Hon'ble Apex Court in catena of judgments except in few decisions, where the admission/appointment was not cancelled because of peculiar factual matrix obtaining therein, the consensus of judicial opinion is that equity, sympathy or generosity has no place where the original appointment rests on a false caste certificate. A person who enters the service by producing a false caste certificate and obtains appointment for the post meant for a Scheduled Caste or ANAND 2025.12.09 Page 11 of 15 PRAKASH 16:25:04 DUBEY +05'30' 12 Scheduled Tribe or OBC, as the case may be, deprives a genuine candidate falling in either of the said categories, of appointment to that post, does not deserve any sympathy or indulgence of the court. Deliberate deception with a design to secure something, which is otherwise not due, tantamount to fraud. Fraud is a conduct either by letter or words, which induces the other person or authority to take a definite determinative stand as a response to the conduct of the former either by words or letter. The above view finds support from the judgment of Hon'ble Apex Court in the case of R. Vishwanatha Pillai Vs. State of Kerala & Ors. - (2004) 2 SCC 105 and Bhaurao Dagdu Paralkar Vs. State of Maharashtra & Ors - (2005) 7 SCC 605.
13. Further, in the case of Ram Chandra Singh Vs. Savitri Devi & Ors.- (2003) 8 SCC 319, the Hon'ble Supreme Court had observed that fraud is anathema to all equitable principles and any affair tainted with fraud cannot be perpetuated or saved by the application of any equitable doctrine. Dealing with a similar situation in the case of State of Maharashtra & Ors. Vs. Ravi Prakash Babulalsing Parmar & Anr. (2007) 1 SCC 80, the Hon'ble Supreme Court has held as under:
ANAND 2025.12.09 Page 12 of 15 PRAKASH 16:25:04 DUBEY +05'30' 13 "The makers of the Constitution laid emphasis on equality amongst citizens. The Constitution of India provides for protective discrimination and reservation so as to enable the disadvantaged group to come on the same platform as that of the forward community. If and when a person takes an undue advantage of the said beneficent provision Constitution by obtaining the benefits of reservation and other benefits provided under the Presidential Order although he is not entitled thereto, he not only plays a fraud on the society but in effect and substance plays a fraud on the Constitution. When, therefore, certificate is granted to a person who is not otherwise entitled thereto, it is entirely incorrect to contend that the State shall be helpless spectator in the matter."
14. Having considered the matter in the light of the afore-stated legal position, in our opinion, since the order of the High Power Certification Scrutiny Committee has not been challenged and has attained finality, therefore, the subsequent action of the respondents cannot be termed unjustified. The contention of the applicant that he was never benefited by the caste certificate of ST in question during his entire service period appears no substance. From several office orders regarding promotion as well financial up- ANAND 2025.12.09 Page 13 of 15 PRAKASH 16:25:04 DUBEY +05'30' 14 gradation granted to the applicant, it is revealed that as per reservation roster, the applicant was granted financial upgradation from Grade Pay 4800/- to Grade Pay Rs. 5400/- against the reservation replacement roster which was earmarked for ST.
15. It is also notable that the applicant having accepted the finding of the Scrutiny Committee, holding that the caste certificate furnished by him was false, the very foundation of his appointment vanished and his appointment was rendered illegal. His conduct renders him unfit to be continued in service and must necessarily entail termination of his service. Under these circumstances, there is absolutely no justification for his claim in respect of the post merely on the ground that he had worked on the post for over twenty eight years. The post was meant for a reserved candidate but the applicant usurped the same by misrepresentation and deception. We may further note that the fact that caste certificate was scrutinized by the Scrutiny Committee for verification on receipt of a complaint by some other person after twenty eight years of his joining the service and a long time was taken by the Scrutiny Committee to verify the same is of no consequence inasmuch as ANAND 2025.12.09 Page 14 of 15 PRAKASH 16:25:04 DUBEY +05'30' 15 delay on both the counts does not validate the caste certificate and the consequent illegal appointment.
16. We are also unable to accept the argument of learned counsel for the applicant that in the absence of any finding of fraud having been played by the applicant, the order of termination is unjustified. As noted above, the selection of the applicant was conceived in deceit and, therefore, could not be saved by equitable considerations.
17. In view of the above discussion, relief south by the applicant for quashing the order of termination of service and directing his reinstatement with consequential benefits cannot be sustained. The order of termination based on the report of the Scrutiny Committee does not suffer from any infirmity and call for no interference of this court. Thus, in view of the above authoritative of Hon'ble Apex Court, we find no ground to interfere with the impugned order. Hence, the O.A No. 188/2022 is dismissed being devoid of merits. No order as to costs.
(Smt. Mallika Arya) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
Anand...
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