Employee can bve sacked for producing false community certificate

Supreme Court has ruled that a person who secures employment by producing a false caste or tribe certificate is liable to be terminated. A three-judge bench of Chief Justice K G Balakrishnan, Justices C K Thakker and R V Raveendran quashed a Delhi High Court judgement which directed the Centre to allow an employee to continue in service despite holding the view that he had used a forged tribal certificate to secure the job. "When a person secures employment by making a false claim regarding caste/tribe, he deprives a legitimate candidate belonging to scheduled caste/tribe, of employment. In such a situation, the proper course is to cancel the employment obtained on the basis of the false certificate," apex court observed in its judgment. The bench said cancelling such an employee's appointment was essential as the post may be filled by a candidate who genuinely belongs to such reserved post. The apex court passed the ruling while upholding an appeal filed by the Union government challenging the high court's judgment in the case of Dattataray Mendhekar who got employment as Assistant Professor of Psychiatry in G B Panth Hospital in New Delhi. Dattataray was issued a show cause notice on 15th March 1999 asking him why he should not be terminated from service for having produced a false ST certificate and claiming that he belonged to the tribal Halba community.

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