SUPDT. OF POST OFFICES AND ORS. versus R. VALASINA BABU

Citation: [2006] SUPP. 10 S.C.R. 1094 · Decided: 14-12-2006 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
SUPDT. OF POST OFFICES AND ORS. 
v. 
R. V ALASINA BABU 
DECEMBER 14, 2006 
B 
[S.B. SINHA AND MARKANDEY KA TJU,JJ.] 
Service Law: 
Appointment-Against reserved category of Scheduled Caste-On the 
C basis of caste certificate-On information that employee did not belong to the 
Scheduled Caste, initiation of disciplinary proceedings-Subsequently, 
cancellation of castP certificate-Dismissal of service relying on order of 
cancellation of Caste Certificate-Tribunal and High court denied to rely on 
the order of cancellation on the ground that subsequent event could not be 
D taken into consideration-On appeal, held: Dismissal of employee justified-
Once the certificate, on the basis of which employment was obtained, stood 
cancelled, continuation of the employee in service is out of question-It is 
permissible to take subsequent event into consideration in departmental 
proceedings-Constitution of India, 1950-Artic/e 16(4). 
E 
Respondent was appointed as Postal Assistant against a vacancy 
reserved for Scheduled Caste Community. In support of his claim of being 
from Scheduled Caste Community, he had produced a certificate. On 
information that he did not belong to the Scheduled Caste Community, 
Disciplinary Proceedings were initiated against him. During pendency of 
the inquiry, a proceeding for cancellation of the caste certificate was 
F initiated and subsequently, the caste certificate was cancelled. Inquiry 
Officer did not take into consideration the order of cancellation of Caste 
Certificate on the ground that the certificate was not cancelled on the date 
when the charge memo was issued. Disciplinary Authority dismissed the 
appellant, relying on the order cancelling the Caste Certificate. 
G 
H 
Respondent filed application before Central Administrative Tribunal 
which held that the order cancelling the Caste Certificate could not have 
been taken by the Disciplinary Authority as the event of cancellation had 
taken place subsequent to initiation of disciplinary proceedings. High 
Court dismissed the Writ Petition against the order of Tribunal. Hence the 
1094 
SUP OT. OF POST OFFICES v. R. V ALAS INA BABU 
1095 
present appeal. 
Allowing the appeal, the Court 
HELD: 1.1. Once the certificate on the basis whereof the respondent 
obtained employment stood cancelled, even no question of allowing him 
A 
to continue in service would arise, if he had been appointed on the basis B 
of such a Certificate. (1099-A-B) 
State of Maharashtra and Ors. v. Ravi Prakash Babulasing Parmar and 
Anr., (2006) 10 SCALE 575 and Bank of India and Anr. v. Arinash D. 
Mandirkar and Ors., (2005( 7 SCC 690, relied on. 
1.2. The date of Caste Certificate is not of much significance. The 
· certificate might have originally been issued by one officer of the department 
but similar certificate on subsequent date might have been issued by another 
officer of the department. It is also no correct to contend that no opportunity 
of hearing was given to the respondent by the Collector. (1099-B-D) 
c 
D 
1.3. In a case of this nature, it might not have been necessary to initiate 
any disciplinary proceeding against the respondent. The crux of the matter, 
therefore, was as to whether the respondent belongs to the Scheduled Caste 
Community or not, if he was not, the question as to whether the disciplinary 
proceeding initiated against him relying on and on the basis of a particular E 
Caste Certificate pales into insignificance. (1099-D-E; 1100-D) 
2. Tribunal and the High Court were not correct in holding that in 
the departmental proceedings no subsequent event could be taken into 
consideration. The proceeding by the Collector was initiated at the ·instance 
of the Superintendent of Post Offices. Thus, the respondent was aware of F 
the fact that a proceeding had been initiated against him for cancellation 
of the certificate before the competent authority. Once the Caste 
Certificate issued by the Revenue Department of the State of Andhra 
Pradesh issued in favour of the respondent is cancelled, the original 
certificate on the basis whereof another certificate was obtained would be 
non-est in the eye of law. Any other or further certificate issued on the G 
basis shall also be non-est. ( 1099-D-G) 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5868 of2006. 
From the final Judgment/Order dated 13.4.2005 of the High Court of H 
1096 
SUPREME COURT REPORTS (2006) SUPP. 10 S.C.R. 
A Judicature, Andhra Pradesh at Hyderabad in W.P. No. 

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