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Supreme Court of India 2018-10-29 allowed

S. Mahesh vs Chairman Cum Managing Director, Neyveli Lignite Corporation Ltd. Neyveli Tamil Nadu & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

S. Mahesh, a diploma engineer, applied for and was selected for a position with Neyveli Lignite Corporation Ltd. in 1988. At interview, he produced a photocopied Scheduled Caste certificate. Before joining, he wrote to the Corporation explaining he could not obtain the original certificate and requested to be treated as a general category candidate instead—a request the Corporation accepted. Years later, the Corporation initiated disciplinary action alleging a false caste certificate, imposed a rank reduction in 1997, and then, in 2010 (13 years later), nullified his entire appointment under Rule 30. The Supreme Court allowed the employee's appeal, holding the Corporation's actions arbitrary and mala fide. The Court found that the employee had transparently disclosed his inability to produce the original certificate and voluntarily requested general category treatment, so no suppression occurred. Moreover, the 2010 order exceeded the 30-day statutory limit under Rule 30 for enhancing punishment, making it void.

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