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
- Constitution of India — s. Article 341(1), Article 342
- Constitution (Scheduled Castes) Order, 1950
- Uttar Bihar Gramin Bank (Officers and Employees) Service Regulations, 2010 — s. Regulation 39(1)(b)(v)
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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