Departmental inquiry in accordance with principles of natural justice on an allegation that the Plaintiff produced a false Caste certificate

False caste certificate:

A candidate, who has obtained a false and frivolous caste certificate, is bound to face the inquiry. The State Government, based on the guidelines given in case of Madhuri Patil has authority to initiate a "verification proceeding", where under the competent scrutiny committee makes an inquiry after gathering the required evidence. The committee issues a show cause notice upon the candidate calling upon him to show cause as to why his caste certificate should not be verified and or cancelled. And after hearing the candidate and considering the evidence that may be placed on record by the candidate facing the inquiry, the committee may cancel the caste certificate styling it as false and fabricated. However, at the same time, if the committee comes to a conclusion that the candidate is belonging to a particular community and covered under the Presidential Notification, and there is sufficient evidence in support of such certificate along with the positive official record and the favourable deposition of the authority that issued the certificate, the committee may not cancel the caste certificate of the candidate. Every candidate belonging to the Schedule Caste, Schedule Tribe, or candidate belonging to other backward class is under an obligation to co-operate with the verification proceeding. The candidate is afforded with reasonable and proper opportunity to establish his case.

If ultimately, the committee finds that the certificate is false and no genuine, the committee in addition to cancellation of the caste certificate may prosecute the candidate through the prosecuting agency and on filing the criminal complaint. It is worth to note that the Honourable the Supreme Court has provided an ouster and declared the committee to be the only competent body to make declaration in relation to falsity. And till such proceedings by the committee are over, no criminal complaint is competent against the candidate. Such a point has been decided in case of Abhishek Chandra by the Honourable the Gauhati High court and bench at Agartala. (Please see CP (W) NO: 300 of 2007 that set aside the Criminal proceeding holding that no authority has jurisdiction to entertain and decide the charge, till the same is first decided by the verification committee being an expert body. The bench has taken into consideration the judgment of the Supreme Court in case of Madhuri Patil.   

Procedure in this behalf:

The decision of the committee can be challenged in a petition that may be filed under Article 226 of the Constitution and in case the petition is dismissed the Letters Patent Appeal can be preferred against the said judgment in a petition. The Supreme Court has said that no civil suit shall lie before any civil court. however, the guideline to this effect is bad in law as birth right of filing the suit can never be taken away by such guidelines, particularly when the ouster in this regard is not provided under Code of Civil Procedure.