Fake st certificate
Renu Renu MM
(Querist) 04 September 2011
This query is : Resolved
Dear Sir ,
This is regarding the possession of fake ST certificate b a family of 4 and enjoying the benefits of the real ST.A complaint regarding the father of the family was given to the Tahsildar of Kollegal, now Chamarajanagar district. Earlier it was in the Mysore District.
As per the Presidential Notification 1950 KANIYAN (caste) is a Scheduled Tribe restricted to Kollegal Taluk of Mysore dist only and in the rest of the Karnataka state it is a backward caste.
In the state of Karnataka another caste by name KANIYAR,(The difference between the Kaniyan and Kaniyar is the letter'n'and'r')is a BACK WARD caste categorized under '2A'
The family of four including father ,mother,and two daughters have managed to get the fake ST certificate by replacing letter 'r'in KANIYAR to 'n'and making it KANIYAN from the Tahsildar Kollegal and Tahsildar Bangalore North, respectively.
Now the case is as follows
A complaint was filed in the office of Tashildar, by his brother-in-law who once had also availed a fake ST certificate and availed an Engineering seat .Later on in 2000 he surrenders the fake ST certificate to the tahsildar, Kollegal.The complainant who was harassed by the accused to apply for a site under the ST quota for the second time. Earlier the accused being in the commercial tax department had earned lot of unaccounted money and had to invest in bename transaction and hence found solace in the complainant and started to exploit him in pursuing him to indulge in his illegal affairs, hence he first of all got a site in Mysore in the name of his brother-in-law who had just finished his BE and an unemployed. The accused invests in this bename transaction and gets the site from the MUDA in the name of the complainant and later on disposes it for higher price. Due to his money power the complainant was under his clutches and could never say a word against him. For the second time the accused once again persuades the complainant to apply for a MUDA site for which the complainant turns down the request and by stating that he had already surrendered the false ST certificate. Now the accused stars to humiliate and torture the complainant and his family by instigating the complainant's mother a Rtd doctor to kick the complainant and his family out of their house through an injection order. the complainant then files a case for the partition at the court. Thus a case was filed between the complainant and his parents for a simple reason for not co operating with the accused .Hence with a clean hand the complainant files a complaint against the accused and his sister for obtaining the fake ST certificate with
1. Tahsildar Kollegal
2. CRE Cell Mysore.
How a fake ST Certificate was obtained
ACCUSED-1 Father
Caste: KaniyaR which is a backward caste under 2A Category
Native: Born at BANNUR, T Narasipur Taluk, Mysore District.(Birth certificate)
His Father: 1.A Government employee in the Department of Health and Family welfare. Born in 1917 at KULLANA KOPPALU village, T NARASIPUR Taluk, Mysore district(Document available is his confidential Report obtained by the investigating team of the CRE Cell Mysore)This document also reveals that the father of the accused possessed hereditary property of 6 acres of wet land in Kullana Koppalu village, T Narasipura taluk.
2. The marriage invitation of the accused father in 1939 also reveals the fact the the marriage had taken place in the home of the bride groom at Kullanakopalu village T Narasipur taluk, Mysore district.
3.The Vyavastha Patra, a registered document , registered at the Bannur Sub Register Office in the year 1949 where in the property self acquired and hereditary property was transferred to the accused father by his care taking father.
The accused grand father had an older brother who had no issues out of his marriage hence he takes his brothers son(accused father) as his son and takes care of him from his childhood in his studies, his marriage and also for entering into job and finally in 1949 through a vyvastha patra completely transfers his property- House at Kullankoppalu, and 6 acres of wet land to his foster son. The Vyvastha Patra fully gives the details of the relationship, property that is being transferred and also the conditions.
4. The transferred property to the accused father is depicted in the RTC obtained from the Office of Tashildar T Narasipur, Mysore District for the year 1962-1965 is submitted.
5. Death certificate of the father of the accused reveals that the death has occurred in Mysore.
Thus the father of the accused from birth, during his service, and also death has not stayed in Kollegal taluk.(Never in his life time he was at Kollegal).
The Accused 1 in the year 1979,obtains fake ST certificate from the Tashildar Kollegal in order to get promotion from FDA to Inspector in the Commercial Tax Department, Government of Karnataka, stating that he belongs to KANIYAN, which is a Scheduled Tribe only in Kollegal taluk of then Mysore district.For the Address he utilizes a resident of Sri Krishna Swamy, an Engineer and an State Government employee, Kollegal. From illegal means he obtains a fake ST certificate and finally manages to get the promotion as an Inspector.
The School Records of the Accused 1 shows that
a. Primary school 1st standard to 5th std
KANIYAR(Backward caste) Place of
study Bannur, Mysore 1956
b. Secondary school records high school
records- caste mentioned is KANIYAR
(Backward caste) Place of study Mysore
c. Pre University- Caste - Kaniyar
(Back ward caste)Place of study-Mysore
d.Degree Caste-Kaniyar
Place of study Mysore
e.Entering for Law College- Kaniyar
Place of study-Mysore 1973
f. Entering into service- through KPSC
Examination -GM
g. ONLY for PROMOTION in 1979 he becomes KANIYAN and a native of Kollegal.
He later on changes his name of the caste as Kaniyan in his Service Register by changing letter 'r' of KANIYAR to 'n' and also adds Kollegal as his home town in the service register. The service register was sent to the Forensic Test which reports that the records were tampered and that the letter 'r' of Kaniyar was changed to 'n' to make it Kaniyan by a different ink .This evidently proves that the service record were tampered and thus the accused has committed a fraud.
ACCUSED No 2 is the sister of the complainant and wife of Accuse 1. She is a Sathani Vaishnava categorized under 3B also manages to obtain fake ST certificate as a Kaniyan and a native of Kollegal.
Her records are as follows:
a. Birth: Mysore
b. Mother, a Government doctor her records – reveal that she is a Sathani Vaishnava.
c. School Records- Primary school to High School- Caste mentioned is Sathani
Vaishnava. Place of study- Gundlupet and Mysore.
d. College Records- caste mentioned is Sathani Vaishnava. Place of study- Mysore.
e. ONLY for entering into service as a clerk in a Nationalized Bank- Canara Bank
she becomes KANIAN and a native of Kollegal.
She too gets the residential address of Krishna Swamy of Kollegal and manages to get the fake ST Certificate though she is a Sathani Vaishnava.
The Complainant also a Sathani Vaishnava as per his school records gets a fake S T certificate as a Kaniyan under the same address and avails a seat in the Engineering college at Mysore.
Thus the Accuse 1, 2 and the complainant by producing false address and proclaiming themselves as a native of Kollegal manages to get the False ST certificate thereby
Accuse1- gets promoted as an Inspector.
Accuse2- gets a job in the nationalized bank- Canara Bank
Complainant- gets a seat in the Engineering College.
In the later years an enquiry was ordered for obtaining a fake ST certificate for the Accuse-1 then in 1988 all the three out of the fear of enquiry commits one more crime by ensuring that their name is included in the Voters list in Kollegal taluk in the address of one Sri Krishna Swamy.
(An enquiry was conducted by the CRE cell Mysore on the complaint lodged by one of the lawyer in Mysore against the complainant accusing him of possessing fake ST certificate. A detailed enquiry was conducted by the CRE cell Mysore and reported that the complainant is a Sathani Vaishnava and a native of Mysore and also proved that he had never stayed in Kollegal .The Accuse1 in a written statement to the court of Tashildar has declared that the complainant had stayed along with them in Kollegal at the mentioned house address and traveled to their work place and college respectively. The municipal council of Kollegal has also reported that the complainant had never stayed in Kollegal so also the office of Tashildar as also reported the same. The complainant had already surrendered his ST Certificate to the issuing authority.-This evidently proves that the three had never stayed in Kollegal )
The complaint thus lodged at the tahsildar has given that the accused and his family members are the native of Kollegal taluk and that the belong to Kaniyan.
As per the clarification issued by the Department of Social welfare, Government of Karnataka states that Kaniyan and Kaniyar are not synonymous and that Kaniyar is a Backward caste (2A) throughout Karnataka and Kaniyan is a Schedule Tribe restricted to Kollegal Taluk of Mysore district now Chamaraja Nagar District and in the rest of Karnataka it is a backward caste. But the tahsildar, Kollegal did not take cognizance of the school record and revenue record and also the records of the parents of the accsed1 and 2 and b scrutinizing the records given by the accused the tahsildar declares them as Kaniyan and a native of Kollegal.
The records supporting for the final verdict considered are:
1.A Government order bearing No SWD 12 TBS 1978 dated : where in the GO order states that the Kaniyan along with few other caste in the list stands deleted from the backward list .(As these castes were utilizing the dual advantage of being both ST and Backward caste in the restricted places) .The above was misinterpreted by the accused as that his caste was deleted from the list of backward caste and added into the list of Scheduled tribe and thus had claimed to be an ST and utilized the benefit. But the Government Order does not include the name of his caste namely KANIYAR which is a backward caste even today throughout Karnataka. Thus he misinterprets and misleads the authority.
2. The Voters list of the year 1988. Prior to 1988 or after 1988 his name has been come up in the voters list of Kollegal. The accused along with his family members stayed in Mysore.
EVIDENCE
a. Ration Card : In this document the age declared is 38 ie, the accused was born in 1950 at 38 means in 1988 he is in Mysore as per the Ration card The address mentioned is NGO’s colony, Rajendra Nagar, Mysore.
b. School records of his children reveals that (1st child -12 years, 7th std, 2nd child – 7 years 2nd standard 1984-1989) they were studying in St Matthias High School, Mysore .When the accused has his own house at Mysore and when he is working at Bangalore and wife working at Mysore and so also children studying at Mysore can reside at Kollegal and travel 60 kms everyday even having a own house at Mysore and also working and studying at Mysore? The accused in his written statement to the Tahsildar Kollegal has declared that the accused 1 and 2 along with the complainant (studying in Mysore also his name as been included in the Ration card addressed NGO colony Mysore)
c. Accused was working in one of the branches of Canara Bank.
Thus when all of them are working, studying at Mysore. Why is there a necessity for the family along with the complainant reside at Kollegal?
3. Family Tree: Produces a fake Family tree producing fake names. The evidence for
the names depicted in the family tree is not obtained. Chikkanna Kaniyan is the fake
name introduced in the family tree and that it is stated that he possessed 2 acres of
land at Kollegal. This land was neither transferred to either the accused father nor the
accused but is transferred to one Subbaraya Shetty . But as per the revenue records
obtained from the office of tahsildar T Narasipur 6 acres of land has been transferred
from forefathers of the accused to his father. Hence the family tree is a fake one.
With the above records he manages to get an order in favor of the accused by corrupt means. The final order states that the fore fathers of the accuse -1 were native of Kollegal taluk and that the at one portion of the order states that the Chikkanakaniyan is father of the accuse1 and in the other part of the order states that Chikkanna Kaniyan is grand father of the accuse 1. There are many flaws in the order passed by the tahsildar.
A stay was given by the then DC of Chamarajanagar. Once again with the same documents he was able to get an order in favor of him from DC of Chamarajanagar.
DC of Chamarajanagar upheld the order passed b the Tasildar Kollegal. And further it states that the complainant is also ST and that the complainant and the accuse 1 to 4 are all of the same family.
Then and appeal was taken to the DIRECTORATE OF Schedule Tribe WELFARE, BANGALORE. And the case is pending.
Secondly a complaint was lodged at CRE Cell Mysore. Finally a report has been given b the SP CRE Cell Mysore stating that the
Accused-1 belongs to KANIYAR, and a native of MYSORE and not Kollegal and hence obtained fake ST certificate.
Accused-2 belongs to SATHANI VAISHNAVA and a native of MYSORE.
Accused 3and 4 are children of Accuse 1 and 2 and since both of them are not ST the children cannot be ST.
An FIR was filed against the 4 accused and a case was registered against them under Atrocity against ST Act. Again through corrupt means gets a report from ADGP Directorate of CRE Cell, Bangalore in favor of the Accused and in the report the ADGP states that the “SP, CRE Cell Mysore that Accuse-1 father was born and brought up in Kollegal and that he possesses land at Kollegal” this is far beyond truth. In order to get the ST certificate for his daughters he had obtained Migratory Certificate based on his fake certificate. With these evidences he manages to squash his criminal proceedings from the High Court of Karnataka. Here accuse -1 has also introduced that the case filed by the complainant (ie, his brother- in- law) is due to family feud. And that due to family dispute the complainant has filed a case against him to torture. Hence a new shape has been given to the whole case bringing in
1. Complainant has not come with clean hands.
2. The case is a family dispute.
Now a case has been filed in the High Court of Karnataka against the order passed by the ADGP, DCRE, Bangalore which is pending before the court. A SLP has been booked in the Supreme court of India to squash the stay order passed by the High Court of Karnataka for the criminal proceedings against the Accuse 1 to 4
Now my question is
1. Is the complainant not the genuine person to lodge a complaint against the
ACCUSED?
2. Is the above case be considered as a family dispute? If it’s a family dispute will the
real ST be not be deprived of their rights and benefits given by the Government
to the real STs.?
3. will not the frauds be exposed and bring them before the law of this country
and
4. who should be the whistle blower? A whistle blower can be a person who has the
full knowledge of the facts of the fraudulent people, in this scenario, the complaint himself is a family member and completely knows about the fraud done by the accuse family be disposed?
Meanwhile the Accuse No 3 and 4 have also obtained Group C and Group B posts in the Government of Karnataka. Accuse 4 has also being selected as Dy SP through the examination conducted by the KPSC under ST category. Now a real ST after knowing that she has been deprived of her right has also approached the High Court and the Supreme Court of India. Whom should the complainant approach now as the accuse is misleading the court b false documents and hiding the authenticating documents which the complainant produces. My question is
1. Are the School records not authenticate?
2. Are the revenue records not valid?
3. Is the investigation carried out by the CRE Cell not be taken into cognizance?
4. Is not the Forensic lab report taken into account ?
Guest
(Expert) 04 September 2011
Spellings do differ in pronunciation from state to state. If in one district of a state some caste is ST that normally enjoys the same status in the state as a whole.
Dr G V Rao
(Expert) 04 September 2011
My advice based on personal experience wherein I too filed a complaint against a fake ST family and got relief would be to send your complaint to;
National Commission For Scheduled Tribes, 6th floor, 'B' wing, Loknayak Bhawan, Khan Market, New Delhi-110003
Please remember to redraft your complaint by a good advocate and make it crisp and clear without repetitions.
