No.36011/1/2012-Estt. (Res.)
Government of India
Department of Personnel and Training
Establishment (Reservation) Section
North Block, New Delhi-110001
Dated the 10th January, 2013.
OFFICE MEMORANDUM
Sub:- Action against Government servants who get appointment on the basis of false SC/ST/OBC certificates.
The undersigned is directed to invite reference to this Department’s OM
No.11012/7/91-Estt.(A) dated 19.5.1993 which provides as under:-
"Wherever it is found that a Government servant, who was not qualified
or eligible in terms of the recruitment rules etc., for initial
recruitment in service or had furnished false information or produced a
false certificate in order to secure appointment, he should not be
retained in service. If, he is probationer or a temporary Government
servant, he should be discharged or his services should be terminated.
If he has become a permanent Government servant, an inquiry as
prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the
charges are proved, the Government servant should be removed or
dismissed from service. In no circumstances should any penalty be
imposed".
2. The position was reiterated vide this Department’s OM
No.42011/22/2006-Estt.(Res.) dated the 29th March, 2007 that the cases
other than those protected by the specific order of the Apex Court
should be dealt with in accordance with the instructions contained in
the aforesaid O.M. However, it has been observed that disciplinary
proceedings in the cases involving appointments on the basis of
false/fake caste certificates take considerable time and the persons who
have secured employment on the basis of false caste
certificates enjoy the benefits of Government service whereas such
Government servants should be removed / dismissed from the service at
the earliest.
3. It is requested that disciplinary enquiries involving the matter of
securing jobs on the basis of false/fake certificates should be
completed in a time bound manner and unscrupulous persons who have got
appointment on the basis of fake/ false caste certificates should not be
retained in service and should be dismissed / removed thenceforth.
4. Contents of this OM may be brought to the notice of all concerned.
sd/-
(Sharad Kumar Srivastava)
Under Secretary to the Government of India
Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36011_1_2012-Estt-Res.pdf]