Maharashtra can’t protect beneficiaries of fraud: Officials

MUMBAI: Recruited as clerks, many of the state employees who face the sack for using fake caste certificates have now risen to the position of deputy secretary. The fears that they might lose their positions have already led politicians and unions to take up cudgels for them.
In July 2017, the Supreme Court had ruled that anyone found guilty of using a forged caste certificate to get admission into educational institutes or for a job will lose their degree and job. In addition, the apex court had directed punitive action against them irrespective of their tenure of service. While the order is unequivocal, the state government, wary of being held responsible for the sack of a huge chunk of its employees, has been treading cautiously on the matter. It has sought opinion from the law and judiciary department and the advocate general (AG). The consultations have, however, failed to provide succour with the AG as well as the law and judiciary department unanimously holding that the SC order was unambiguous about dismissal being the punishment for beneficiaries of the fraud.



Subsequently, a meeting was held at the state secretariat on January 20. Chief secretary Sumit Mullick, who chaired the meeting, told TOI the government would follow the SC order. "I don't have the number of employees against whom action has to be taken, but we will follow the SC order. Most are from the tribal development department, while a few are from other departments. There are some medical students who got admission on fake certificates and their degrees will also be derecognized," Mullick said. Another official said, "Both the law department and AG have opined there is no way to protect these employees."

An official from the general administration department said even if the employees are sacked, issues of subsequent legal action or recovery of earnings will arise. BJP MLA from Nagpur Vikas Kumbhare will meet CM Devendra Fadnavis on Monday to urge him to ensure injustice is not done to genuine tribals. A GAD official said Fadnavis has suggested holding a meeting of union leaders and public representatives with the AG to explain the legal aspects behind the action.