Ravikant Ojha vs Union Of India Through The Secretary on 24 November, 2014
8. It is not disputed that the applicants sister was convicted for the offence under Section 420 of IPC for misrepresenting her caste in the same manner in which the applicant had done for getting the Government job. She was convicted by the judgement and order dated 1.12.1999 (Exhibit P-5 in the enquiry proceeding) by the Chief Judicial Magistrate, Tikamgarh in Criminal Case No.384/1996, State of M.P Vs. Smt. Madhur Ojha. Although, the said conviction was quashed by the Appellate Court purely on technical grounds. The fact, however, remains that the applicants sister was also belonging to OBC and not to ST. The order of acquittal dated 21.02.2002 (Annexure A-7) filed by the applicant clearly shows that it was purely on technical grounds for want of sufficient proof to establish he said offence. The mother of the applicant was also in Government service and it is shown that she belongs to OBC and not to ST category. The Enquiry Officer elaborately considered all these aspects in minute details and came to a correct conclusion. The standard of proof required in the disciplinary proceeding is based on preponderance of probability and it is not required to prove the charge against the delinquent employee beyond doubt as is required in any criminal prosecution. The applicant is, in fact, Lohar by caste which comes under OBC. However, he obtained the employment representing himself to be ST on the basis of the fraudulent caste certificate obtained by him. He was, therefore, rightly punished considering the grave nature of the charge. The applicant has not produced any notification issued by Government showing that Ojha caste is included in ST in Tikamgard district which is his native place. In fact Tikamgardh district is specifically excluded by the State Government so as to include any of the castes included under ST category under presidential order, on the basis of the clarification subsequently submitted by the Tehsildar, who issued the disputed caste certificate in favour of the applicant.