The Patna High Court has dismissed an appeal filed by Bihar Gramin Bank and upheld a Single Judge’s order that set aside the dismissal of a former Branch Manager. The officer was accused of getting a bank job by making a false caste claim.
The Division Bench held that serious allegations of fraud cannot be based only on assumptions or conclusions made by departmental authorities. The employer must produce clear evidence to prove that the employee deliberately gave false information.
Bank Officer Accused of Making False Caste Claim
The case arose from disciplinary proceedings against Madhusudan Prasad Tanti. He was appointed as a Branch Manager in the erstwhile Champaran Kshetriya Gramin Bank in 1980.
Nearly 15 years later, in August 1996, the bank issued a charge sheet against him. The bank alleged that he had obtained the job under the Scheduled Caste quota by submitting a false caste certificate.
According to the bank, the officer had claimed that he belonged to the “Pan” community. However, the bank alleged that he actually belonged to the “Tanti” caste.
Inquiry Officer Said Charge Was Not Proved
An Inquiry Officer examined the allegations. In January 2009, the Inquiry Officer concluded that the charge against the employee had not been proved.
However, the Disciplinary Authority disagreed with the findings of the Inquiry Officer. It issued a disagreement note and later dismissed the officer from service in November 2011.
The officer filed a departmental appeal against his dismissal, but his appeal was also rejected.
Single Judge Quashed Bank Officer’s Dismissal
The employee then approached the Patna High Court. A Single Judge quashed the dismissal order and directed the bank to grant him salary and other consequential service and retirement benefits.
The bank challenged the Single Judge’s decision by filing a Letters Patent Appeal.
Bank Failed to Produce Primary Evidence
The Division Bench of Justice Sudhir Singh and Justice Ranjan Kumar Jha found that the bank had failed to produce any record from the time of appointment to show that the employee knowingly made a false declaration about his caste.
The Bench observed:
“Fraud is a serious charge and must be established by clear and convincing evidence.”
The Court noted that the bank claimed that the employee belonged to the “Tanti” caste. However, it did not produce the original application form, attestation records, service documents, or any other primary evidence.
According to the Court, these documents were necessary to prove that the employee had made a false declaration at the time of his recruitment.
Caste Certificate Was Never Cancelled
The judges also noted that the employee had a caste certificate issued by the competent authority. The certificate had never been cancelled or declared invalid by any legally competent authority.
Referring to Supreme Court judgments, the Bench said that a caste certificate remains legally valid unless it is cancelled through the prescribed scrutiny process.
Employer Had Burden to Prove Fraud
The Court further observed:
“The burden to establish the charge rested upon the employer. In the absence of the best evidence being brought on record, an adverse finding of fraud carrying severe civil consequences could not have been sustained merely on inference.”
The Court said that it was the employer’s responsibility to prove the charge against the employee. In the absence of the best available evidence, a serious finding of fraud could not be based only on assumptions or inferences.
The Bench also noted that no objection regarding the employee’s caste status had been raised for nearly 15 years after his appointment.
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