LexAGM/HUMAN RESOURCE, BHEL LTD. versus SURESH RAMKRISHNA BURDE
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A AGM/HUMAN RESOURCE, BHEL LTD. \'. SURESH RAMKRISHNA BURDE MAY IO, 2007 B [G.P. MA THUR AND R.V. RA VEENDRAN. JJ.] Service law: Public appointments-Reservation in posts-Scheduled Tribe-False C caste certificate-Submission of-Effect-Employee, claiming himself to be belonging to "Halba" Scheduled Tribe. submitted a certificate and got an appointment with the employer as a Clerk on a post which was reserved for a Scheduled Tribe candidate-After receiving complaints about the caste certificate produced by the employee. the employer referred the matter for D verification to the District Collector and al~o to the Scrunity Committee- The Scrunity Committee found that the caste certificare produced by the employee was false and held that the employee belonged to the "Koshti'' caste and not to the "Ha/ba" Scheduled Tribe-The emplover, accordingly, terminated the services of the employee-· However, the High Court accepted the employee's undertaking that in fi1ture neither he nor his family members E would take any advantage or claim any benefit of his being a member of the 'Halba' Scheduled Tribe and directed the employer to reinstate him in service-Correctness of-Held: Where a person secures an appointment on the basis of a false caste certificate, he .:annot be allowed to retain the benefit of the wrong committed by !um and his services are liable to be F terminated-Hence, his sen·ices were rightly tern:inated and High Court was in error in directing his reinstatement-High Court's judgment set aside. The respondent-employee, claiming himself to be belonging to "Halba" Scheduled Tribe, submitted a certificate to that effect and got an appointment with the appellant-employer as a Clerk on a post which was reserved for a G person belonging to the Scheduled Tribe. The respondent, in due course of time, was promoted to the post of Assistant Grade I. After receiving complaints about the caste certificate produced by the respondent, the appellant referred the matter for verification to the District Collector and also to the Scrunity Committee. The Scrunity Committee, after 388 ·~ - r - ~· - -r A GM/HUMAN RESOURCE, BHEL LTD"· SURESH RAMKRISHNA BURDE 3 89 a thorough verification, passed an order that the respondent did not belong to A . the Scheduled Tribe and the caste certificate submitted by him was false and held that the caste of the respondent was 'Koshti' and that he did not belong to 'Halba' Scheduled Tribe. The aforesaid order was challenged by the respondent by filing a writ petition. However, at the time of the hearing of the writ petition, the respondent B sought leave of the Court to withdraw the writ petition with liberty to approach the employer by making a representation. The writ petition was accordingly dismissed as withdrawn. Thus the order passed by the Scrunity Committee, by which it was held that the respondent belonged to 'Kohsti' caste and he was not a member of the 'Halba' Scheduled Tribe, attained finality. C Thereafter, the respondent made a representation to the appellant- employer that his services might be protected. However, the appellant, after considering the said representation, terminated the services of the respondent. But, the High Court, relying on the decision in Milind's case, and, after D accepting the respondent's undertaking that in future neither he nor his family members would take any advantage or claim any benefit of his being a member of the 'Halba' Sheduled Tribe, disposed of the writ petition with a direction that the respondent shall be reinstated in service. Hence the appeal. Allowing the appeal, the Court HELD: 1. The High Court had granted relief to the respondent and has directed his reinstatement only on the basis Milind's case. The said judgment does not lay down any such principle of law that where a person secures an appointment by producing a false caste certificate, his services can be protected E and an order of reinstatement can be passed if he gives an Undertaking that F in future he and his family members shall not take any advantage of being a member of a caste which is in a reserved category. [Para 71 (394-E-FJ State of Maharashtra v. Mi/ind, (2001) l SCC, referred to. 2. After interpreting the relevant constitutional or statutory provisions G and laying down the law, it is always open to this Court to mould the relief which may appear to be just and proper to the facts and circumstances of the c
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