Re-iteration of the instructions on verifications of claims of candidates belonging to SCs, STs and OBCs for the purpose of appointment to posts/services – State Level Scrutiny Committee (SLSC) Reports/findings establishing issue of fake/false Caste certificate and action thereon: Railway Board Order RBE No. 44/2025 dated 09.05.2025
RBE No.44/2025
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No.2025-E(SCT)I/25/1
New Delhi, dated-09.05.2025
The General Managers(P)
All Indian Zonal Railways
& Production Units.
The Director General/RDSO/Lucknow
Sub: Re-iteration of the instructions on verifications of claims of candidates belonging to SCs, STs and OBCs for the purpose of appointment to posts/services – State Level Scrutiny Committee (SLSC) Reports/findings establishing issue of fake/false Caste certificate and action thereon-reg.
Ref.: (i) DOP&T’s O.M. Nos. 41034/1/2022-Estt.(Res.-I) dated 29.3.2023 and No. 41034/1
(ii) /2022-Estt.(Res.-I} dated 29.03.2023 circulated vide Board’s letter No. 2012-E(SCT}I25/2 dated 11.4.2023;
(iii) DOP&T’s O.M. No, 36012/6/88/Estt.(SCT) dated 24.4.1990 circulated vide Board’s letter No. 90-E(SCT)I/31/1 dated 25/31.5.1990 and reiterated vide No.2004-E(SCT)I/99/2 dated 7.7.2005;
(iv) DOP&T vide OM. No. 36033/9/95-Estt.(SCT) dated 10.5.1995 circulated vide Board’s letter No. 90-E(SCT)I/71/1 dated 27.6.1995;
(v) DOP&T O.M. No.360113/2005-Estt.(Res.) dated 9.9.2005.
The nodal Ministry i.e. Ministry of Personal, Public grievances and Pensions (DOP&T) through various O.Ms have issued/re-iterated instructions/guidelines regarding streamlining the process of verification of caste certificate of the employees and timely verifications of claims of candidates belonging to SCs, STs and OBCs based on the prima-facie certificate produced by the them for the purpose of appointment to posts/services. The same have also been re-iterated by Board’s office from time to time and latest vide letter No. 2012-E(SCT)I25/2 dated 11.4.2023 circulating therewith a copy of DOP&T’s O.M. Nos. 41034/1/2022-Estt.(Res.-I) dated 29.3.2023 and No. 41034/I(iii) /2022-Estt.(Res.-I) dated 29,03,2023 each.
2. Hon’ble Supreme Court, vide its judgment dated .02.09.1994, in the matter of Kumari Madhuri Patil V/s Addl. Commissioner (1995 AIR 94, 1994 SCC (6) 241) has held that the admission wrongly gained or appointment wrongly obtained on the basis of false social status certificate necessarily has the effect of depriving the genuine Scheduled Castes or Scheduled Tribes or OBC candidates, as enjoined in the Constitution, of the benefits conferred on them by the Constitution. In pursuance of the above order of the Apex Court, DOP&T vide above referred O.Ms issued detailed guidelines for timely verifications of Caste certificate.
3. As per DOP&T’s above OMs dated-29.03.2023, the process for verification of the caste certificate of the employee may be initiated immediately and a communication issued to the concerned State/UT Authorities within a week of joining of government service by the employee. The State/UT Authorities have also been requested by DOP&T from time to time to verify the caste/community certificate of the candidates/employees and report the same to the appointing authority within one month of request from such appointing authority. If no report is received from the concerned State/UT Authorities within a period of one month, the matter may be taken up at the highest level and it may be ensured that the process of verification of the Caste/Tribe/Community certificate of the employee is completed within a period of six months of her/his joining the service.
4. Despite the existing guidelines and its reiteration from time to time by DOP&T and consequently by Board’s office, it has come to the notice that cases of false/fake caste certificates gets detected on the verge of the retirement of the employees, and even in certain cases after the superannuation of the employee. The same has been a viewed very seriously by the Railway Board.
5. Instruction already exist which provides that the services of the candidates claiming to be belonging to SCs/STs would be terminated, if their claims are found to be false on subsequent verification through District Magistrate. DOP&T’s O.M. No. 36012/6/88/Estt.(SCT) dated 24.4.1990 (Circulated vide Boards letter No. 90-E(SCT)I/31/1 dated 25/31.5.1990 and reiterated vide Board’s letter No. 2004-E(SCT)I/99/2 dated 7.7.2005)) provides that the Appointing Authorities should, in the offer of appointment to the candidates claiming to be belonging to SCs/STs, include a clause as follows: .
‘The appointment is provisional and is subject to the Caste/Tribe certificate being verified through the proper channels and if the verification reveals that the claim to belong to Scheduled Casts/Scheduled Tribe, as the case may be, is false, the services will be terminated forthwith without assigning any further reasons and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of false certificates”.
5.1. Further, DOP&T vide OM. No. 36033/9/95-Estt.(SCT) dated 10.5.1995 (Circulated vide Board’s letter No. 90-E(SCT)I/71/1 dated 27.6.1995) provides that in the offer of appointment to the candidates claiming to belonging to OBC, similar provision /clause(as like for SC/ST) should also be included.
5.2. As per DOP&T O.M. No.360113/2005-Estt.(Res.) dated 9.9.2005, if any person gets an appointment on the basis of such false claim(certificate), his/her services may be terminated as per conditions contained in the offer of appointment.
6. Notwithstanding any of the existing guidelines in this subject, recently, a case of fake/false caste certificate based on complaints, established through the findings /proceedings of District level Scrutiny Committee(DLSC), has been referred to Board’s office by one of the Railway/Unit wherein it has been seen that the employee who is at the verge of his superannuation with his career progression risen to the level of Group-A officer from his initial recruitment grade(Clerk grade-I} seeking to decide the level of authority competent to terminate his service, as he is presently holding the post of Group A officer.
6.1. It has been observed by the Board that in such cases, the illegal appointment of an employee on the basis of false/fake caste certificate (ST/ST/OBC as the case may be) brings him/her back to the status of his initial appointment in the Railway service and accordingly, it has been decided that necessary action to terminate service of such employee(s) should be taken by the respective Appointing Authority of the level of initial appointment. Therefore, such cases need not to be referred to Board’s office.
7. It is also desired, that a suitable clause to the effect of para-6.1 above, may also be henceforth incorporated in the appointment letter to as make it very clear to the SC/ST/OBC candidates.
8. With the above, the extant guidelines/instructions as mentioned herein are re-iterated and it is desired that the same may please be brought to the notice of all concerned to its strict compliance.
This has the approval of the Competent Authority.
(Goutom Mondal)
Joint Director, Estt.(Res.)
Mail Id:goutom.mondal[at]gov.in
Tele No. 011-23047138
COMMENTS