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Patna High Court

Bihar Gramin Bank,versusMadhusudan Prasad Tanti,

Decided
Disposal
DISMISSED

Holding

The High Court held that the Single Judge’s decision to set aside the dismissal was correct as the bank failed to produce adequate evidence of deliberate caste misrepresentation, and therefore the appeal is dismissed.

Summary

The bank dismissed Madhusudan Prasad Tanti, alleging he had forged a caste certificate to obtain a post reserved for Scheduled Castes, claiming he actually belonged to the Backward Class Tanti. The disciplinary authority, after disagreeing with an inquiry officer who found the charge not proved, concluded the caste claim was false and imposed dismissal under Regulation 39(1)(b)(v) of the Uttar Bihar Gramin Bank Service Regulations. The appellate board affirmed this finding, but the Single Judge quashed the dismissal, holding that the bank failed to produce contemporaneous evidence of misrepresentation and that the caste certificate remained valid. On appeal, the High Court examined whether the Single Judge erred in setting aside the dismissal, emphasizing the need for clear, convincing proof of fraud and the burden on the employer. Finding no patent error in the Single Judge’s reasoning, the Court dismissed the intra‑court appeal, leaving the dismissal quashed and the respondent entitled to salary and benefits.

Issues considered

  • Whether the Single Judge erred in quashing the bank's dismissal order on the ground of lack of contemporaneous evidence of caste misrepresentation.
  • Whether the disciplinary authority was justified in differing from the inquiry officer’s finding without sufficient material evidence.
  • Whether the burden of proving fraud rested on the employer and was satisfied in this case.

Legislation cited

Subjects

  • caste certificate
  • misrepresentation
  • disciplinary dismissal
  • scheduled caste
  • natural justice
  • burden of proof
  • service law

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.1007 of 2024
                                         In
                   Civil Writ Jurisdiction Case No.19439 of 2012
     ======================================================
1.    Bihar Gramin Bank, Head Office, Kalambagh Chowk, Muzaffarpur, PIN -
      842001 through its Chairman.
2.   The Chairman cum Disciplinary Authority, Bihar Gramin Bank, Head Office
     Kalambagh Chow, Muzaffarpur, PIN - 842001.
3.   Board of Bihar Gramin Bank cum Appellate Authority through its General
     Manager, Head Office Kalambagh Chow, Muzaffarpur -842001.
4.   The General Manager, Bihar Gramin Bank, Head Office, Kalambagh Chow,
     Muzaffarpur, PIN - 842001.
                                                           ... ... Appellant/s
                                    Versus

     Madhusudan Prasad Tanti, Son of Sri Late Feku Prasad Tanti, Resident of
     Village and P.O. Harnaut, P.s. Harnaut, District Nalanda.
                                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :      Mr. Ajay Kumar Sinha, Sr. Advocate
                                   Mr.Ajit Kumar Sinha, Advocate
                                   Ms. Dilkash Khan, Advocate
                                   Ms. Zeba Akhtar, Advocate
                                   Mr. Pravin Kumar, Advocate
     For the Respondent/s   :      Mr. Ajay Kumar Prasad, Advocate
                                   Mr.Binod Kumar Sinha, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
             and
             HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

      Date : 16-06-2026

                    Heard learned counsel for the parties.

                   2. The present intra court appeal has been preferred

      against the judgment and order dated 27.06.2024 passed in

      C.W.J.C. No. 19439 of 2012, whereby the learned Single Judge

      allowed the writ petition, quashed the order of dismissal

      bearing No. 784 dated 23.11.2011 read with Administrative
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         Order No. 785 dated 23.11.2011 as well as the appellate order

         contained in Letter No. 389 dated 26.07.2012, and further

         directed the respondents to pay the salary and all consequential

         service and retiral benefits to the writ petitioner.

                      3. The brief facts of the present case are that the

         respondent-writ petitioner was appointed in the erstwhile

         Champaran Kshetriya Gramin Bank on the post of Branch

         Manager. A charge-sheet dated 10.08.1996 was issued alleging

         that at the time of seeking appointment he had produced a

         forged and fabricated caste certificate showing himself to

         belong to the Scheduled Caste community “Pan”, whereas he

         actually belonged to the “Tanti” caste, which was included in

         the Backward Class category in the State of Bihar. It was

         alleged that by making such misrepresentation he secured

         appointment against a post reserved for Scheduled Castes.

                      4. Pursuant to the charge-sheet, a departmental

         proceeding was initiated. Upon conclusion of the enquiry, the

         Inquiry Officer submitted his report dated 09.01.2009 holding

         that the charge levelled against the respondent stood not

         proved.

                      5.    The      Disciplinary      Authority,   however,   on

         examination of the materials available on record, disagreed
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         with the findings recorded by the Inquiry Officer and issued a

         note of disagreement dated 03.10.2011. Instead of submitting

         his response on the merits of the disagreement note, the

         respondent sought certain documents, namely the CBI report,

         letter dated 26.04.2010 and the report of one Shri D.P. Singh.

         The Disciplinary Authority informed the respondent that the

         said documents neither formed part of the evidence adduced in

         the departmental proceeding nor had been relied upon while

         recording disagreement with the enquiry report. Despite being

         granted further opportunity, the respondent did not submit any

         substantive reply to the note of disagreement.

                      6. Thereafter, the Disciplinary Authority, upon

         consideration of the evidence adduced in the departmental

         proceeding, the written submissions of the parties and the

         enquiry report, recorded a finding that the respondent belonged

         to the “Tanti” caste and not to the Scheduled Caste community

         “Pan” as declared by him at the time of appointment. Holding

         the charge proved, the Disciplinary Authority imposed the

         penalty of dismissal from service vide Order No. 784 dated

         23.11.2011 read with Administrative Order No. 785 dated

         23.11.2011 in terms of Regulation 39(1)(b)(v) of the Uttar

         Bihar Gramin Bank (Officers and Employees) Service
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         Regulations, 2010.

                      7. Aggrieved thereby, the respondent preferred a

         departmental appeal dated 08.12.2011 before the competent

         Appellate Authority. The Board of Directors, acting as the

         Appellate Authority, considered the appeal and by order dated

         26.07.2012 affirmed the findings and punishment imposed by

         the Disciplinary Authority, finding no ground for interference.

                      8. The respondent thereafter invoked the writ

         jurisdiction of this Court by filing CWJC No. 19439 of 2012

         challenging the orders passed by the Disciplinary Authority and

         the Appellate Authority.

                      9. Upon consideration of the rival submissions, the

         learned Single Judge, by judgment dated 27.06.2024, allowed

         the writ petition. The relevant part of the said order reads as

         follows:

                             “6. Having heard the rival submissions made on
                             behalf of the parties, as per the Constitutional
                             (Scheduled Castes) Order, 1950, ‘Pan’ caste comes
                             under scheduled caste category. A clarification as to
                             whether ‘Pan’ and ‘Tanti’ are same caste has been
                             made by the State Government Welfare Department
                             vide Memo No. 638 dated 31.01.1992 and
                             subsequently realizing that wrong information vide
                             communications dated 15.08.2011, 29.06.2011 and
                             17.06.2011 was provided to the Bank by the Joint
                             Secretary, General Administration Department,
                             Government of Bihar, the then Principal Secretary,
                             General Administration Department issued a
                             clarificatory order dated 21.04.2014 contained in
                             Memo No. 5374 (Annexure-5 to the supplementary
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                             affidavit filed on behalf of the petitioner) that ‘Pan’
                             caste comes under Scheduled Caste category and
                             ‘Pan’ caste is also known as ‘Tanti’ in the State of
                             Bihar. I find that the impugned order dated
                             23.11.2011 contained in Annexure-4 and 4/1 are
                             contrary to the constitutional provision contained in
                             Articles 341(1) and 342 of the Constitution.”


                      10. Learned counsel for the appellant-Bank submits

         that the respondent-writ petitioner was subjected to a

         departmental proceeding conducted in accordance with law and

         after affording him adequate opportunity of defence. Upon

         consideration of the materials on record, the Disciplinary

         Authority found that the respondent belonged to the “Tanti”

         caste, a Backward Class category, and not to the Scheduled

         Caste community “Pan” as declared by him at the time of

         appointment. Accordingly, the charge of obtaining employment

         by misrepresenting his caste status was held proved and the

         penalty of dismissal was rightly imposed.

                      11. Learned counsel further submits that though the

         Inquiry Officer exonerated the respondent, the Disciplinary

         Authority, after issuing a note of disagreement and granting

         opportunity of representation, validly differed from the enquiry

         report. Thus, there was complete compliance with the

         principles of natural justice.

                      12. It is further submitted that the Appellate
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         Authority also considered the matter and found no ground to

         interfere with the punishment imposed. It is, therefore,

         submitted that the learned Single Judge erred in quashing the

         disciplinary and appellate orders and directing consequential

         service and retiral benefits.

                      13. Per contra, learned counsel for the respondent

         submits that the respondent was issued a caste certificate by the

         competent authority and the same was never cancelled or

         declared invalid by any competent forum. Reliance is also

         placed upon Memo No. 5374 dated 21.04.2014 issued by the

         General Administration Department, Government of Bihar,

         clarifying that “Pan” is a Scheduled Caste and that “Tanti” is

         commonly known as the same caste group.

                      14. It is, therefore, submitted that the disciplinary

         authority proceeded on an erroneous assumption that the

         respondent belonged to a Backward Class and had wrongly

         obtained appointment under the Scheduled Caste category.

         Consequently, the dismissal order as well as the appellate order

         were rightly set aside by the learned Single Judge.

                      15. The limited issue which arises for consideration

         is as to whether the learned Single Judge erred in setting aside

         the order of dismissal when no contemporaneous document
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         evidencing misrepresentation by the respondent at the time of

         appointment was brought on record by appellant- Bank.

                      16. The entire disciplinary proceeding against the

         respondent proceeded on the premise that although he had

         obtained appointment under the Scheduled Caste category by

         describing himself as belonging to the “Pan” caste, he in fact

         belonged to the “Tanti” caste, which according to the appellant-

         Bank was a Backward Class. On such premise, the respondent

         was      charged       with      having       secured   employment   by

         misrepresentation and ultimately was ordered with the penalty

         of dismissal from service.

                      17. Before adverting to the rival contentions, it

         would be apposite to notice that the respondent was appointed

         in the year 1980 whereas the charge-sheet came to be issued

         only on 10.08.1996, nearly fifteen years after his appointment.

         During this long period, the respondent continued in service

         and no dispute regarding his caste status appears to have been

         raised. Though delay by itself may not invalidate disciplinary

         proceedings, the fact that the respondent's caste status remained

         unquestioned for about one and a half decades is a relevant

         circumstance while examining the allegation of deliberate fraud

         and misrepresentation.
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                      18. It is also not in dispute that the respondent

         possessed a caste certificate issued by the competent authority.

         Significantly, the said certificate was never cancelled,

         withdrawn, or declared invalid by any authority competent in

         law. The Supreme Court in Kumari Madhuri Patil v. Addl.

         Commissioner, Tribal Development, reported in                       (1994) 6

         SCC 241, emphasized that questions relating to social status

         certificates are required to be adjudicated by the competent

         scrutiny mechanism and until such certificate is invalidated in

         accordance with law, it carries due legal sanctity. The relevant

         part of the said order reads as follows:

                             “13.... It is, therefore, necessary that the certificates
                             issued are scrutinised at the earliest and with utmost
                             expedition and promptitude. For that purpose, it is
                             necessary to streamline the procedure for the
                             issuance of social status certificates, their scrutiny
                             and their approval, which may be the following:
                                    xx             xx             xx
                                   7. In case the report is in favour of the
                                   candidate and found to be genuine and true, no
                                   further action need be taken except where the
                                   report or the particulars given are procured or
                                   found to be false or fraudulently obtained and
                                   in the latter event the same procedure as is
                                   envisaged in para 6 be followed.
                                    xx             xx             xx
                                   11. The order passed by the Committee shall be
                                   final and conclusive only subject to the
                                   proceedings under Article 226 of the
                                   Constitution.”

                      19. In the present case, no material has been brought
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         on record to show that the respondent's caste certificate was

         ever cancelled by any competent authority.

                      20. A further aspect which merits consideration is

         that although the appellant-Bank has consistently asserted that

         the respondent actually belonged to the “Tanti” caste and

         falsely described himself as “Pan” at the time of appointment,

         no document forming part of the appointment process has been

         produced before this Court to demonstrate that the respondent

         himself had declared his caste as “Tanti” or that there existed

         any contradictory declaration made by him at the relevant time.

         In fact, despite the serious nature of the allegation, the

         appellant has not placed on record the original application

         form,       attestation       form,       service      records,        or      any

         contemporaneous            document           evidencing    such            alleged

         misrepresentation.

                      21. The finding that the respondent belonged to the

         “Tanti” caste primarily emanates from the conclusion recorded

         by the Disciplinary Authority while differing from the Inquiry

         Officer. However, a finding recorded in a disciplinary order

         cannot by itself constitute proof of the foundational fact unless

         supported       by     reliable      evidence       available     on        record.

         Significantly, the Inquiry Officer, after conducting a full-
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         fledged enquiry, had returned a finding on 09.01.2009 that the

         charge was not proved. Though the Disciplinary Authority was

         competent to disagree with such finding, as held in Punjab

         National Bank v. Kunj Behari Misra reported in (1998) 7

         SCC 84, such disagreement must be supported by persuasive

         material capable of sustaining the ultimate conclusion. The

         relevant part of the said order reads as follows:

                             “19... As a result thereof, whenever the disciplinary
                             authority disagrees with the enquiry authority on any
                             article of charge, then before it records its own
                             findings on such charge, it must record its tentative
                             reasons for such disagreement and give to the
                             delinquent officer an opportunity to represent before
                             it records its findings. The report of the enquiry
                             officer containing its findings will have to be
                             conveyed and the delinquent officer will have an
                             opportunity to persuade the disciplinary authority to
                             accept the favourable conclusion of the enquiry
                             officer. The principles of natural justice, as we have
                             already observed, require the authority which has to
                             take a final decision and can impose a penalty, to
                             give an opportunity to the officer charged of
                             misconduct to file a representation before the
                             disciplinary authority records its findings on the
                             charges framed against the officer.”

                      22. The allegation against the respondent is

         essentially one of securing public employment by fraud. It is

         trite that fraud is a serious charge and must be established by

         clear and convincing evidence.

                      23. In the present case, apart from the conclusion

         drawn by the Disciplinary Authority, no contemporaneous
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         document has been shown to conclusively establish that the

         respondent knowingly made a false declaration regarding his

         caste status at the time of appointment.

                      24. The appellant-Bank has also relied upon reports

         obtained from the District Administration indicating that the

         respondent belonged to the "Tanti" caste. Even assuming the

         said reports to be correct, the question still remains whether

         such material, in the absence of cancellation of the caste

         certificate and in the absence of any contemporaneous

         document evidencing deliberate misrepresentation by the

         respondent, was sufficient to sustain the extreme penalty of

         dismissal from service. In our considered view, the learned

         Single Judge rightly examined this aspect and found the action

         of the Bank unsustainable.

                      25. It is noteworthy that the disciplinary proceeding

         ultimately       proceeded         on      assumptions   regarding   the

         respondent's caste status without the appellant producing the

         primary documents relating to the respondent's appointment.

         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.
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                                   26. This Court, while exercising Letters Patent

                      Appellate Jurisdiction, does not sit as a court of first instance

                      over the judgment of the learned Single Judge. Interference is

                      ordinarily warranted only when the judgment under appeal

                      suffers from patent illegality, perversity, or manifest error

                      affecting the decision-making process.

                                   27. In view of the discussions made hereinabove, the

                      issue is answered against the appellant-Bank. The finding

                      recorded by the learned Single Judge does not suffer from any

                      legal infirmity warranting interference in the present Letters

                      Patent Appeal.

                                   28. The present intra court appeal is, accordingly,

                      dismissed.

                                   29. Pending application(s), if any, shall also stand

                      disposed of.




                                                    (Sudhir Singh, J)


                                                (Ranjan Kumar Jha, J)
Sujit/-
AFR/NAFR                AFR
CAV DATE                NA
Uploading Date          24.06.2026
Transmission Date


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