Skip to main content

The Chhattisgarh High Court stated that a mistake in a surname on a certificate issued by a competent authority does not necessarily mean impersonation or providing false information.

The Chhattisgarh High Court observed that mere inadvertent errors in surnames on certificates issued by a competent authority do not indicate impersonation or providing false information. This decision came after the Age Determination Committee refused to consider certificates produced by the petitioner, Arjun Lal, with different surnames. Justice Goutam Bhaduri's bench stated, "Mere inadvertent mentioning or non-mentioning of a surname in a certificate issued by the competent authority would not mean and indicate that it is a case of impersonation or furnishing false information."

The petitioner, who joined South Eastern Coalfields Ltd. in 1984, had requested a correction of his date of birth due to an inadvertent recording error. After filing a Writ Petition in 2013, the petitioner approached the Age Determination Committee, which issued an order and a corrigendum that the petitioner challenged in court.

The Court referred to clauses (B) and (C) of II No.76, which specify that the review of the determination of an employee's date of birth shall consider matriculation or higher secondary certificates issued by recognized universities or boards before the date of employment.

The Court noted that the petitioner submitted the Higher Secondary School Certificate Examination, 1978, issued before his employment, to the ADC. However, the ADC sidelined this certificate due to surname variations. The Court emphasized that the alleged mismatch in the petitioner's surname did not warrant rejection of his candidature, as there was no indication of forgery or procurement of documents.

Citing the case Bharat Coking Coal Limited and Others v Chhota Birsa Uran, the Court highlighted that a wronged employee should not be denied rights, especially when adhering to prescribed procedures to avoid litigation.

As a result, the Court set aside the earlier order and corrigendum, allowing the petitioner's petition.
Labels:

Comments

Post a Comment

Popular posts from this blog

WELCOME ADDRESS OF HON’BLE MR. JUSTICE RAMESH SINHA, CHIEF JUSTICE, HIGH COURT OF CHHATTISGARH AT THE INAUGURAL FUNCTION OF STATE LEVEL CONFERENCE OF JUDICIAL OFFICERS OF CHHATTISGARH.

Respected Hon’ble Mr. Justice Bhushan Ramkrishna Gavai; Hon’ble Mr. Justice Vikram Nath and Hon’ble Mr. Justice Prashant Kumar Mishra, Judges, Supreme Court of India, sitting on the dias; My esteemed Sister and Brother Judges; Registrar General and Officers of the Registry; All the Judges of  the District Judiciary; Other Distinguished Guests present; Ladies and Gentlemen; Persons from Print and Electronic Media, A Very Good Morning to All It is a great honour and privilege for me to welcome Hon’ble Mr. Justice Bhushan Ramkrishna Gavai, Judge, Supreme Court of India, who has been kind enough to accept our invitation for his gracious presence in this Conference.  His Lordship’s inspiring life, marked by perseverance and integrity, serves as a guiding light for many aspiring Lawyers, Judges and Jurists across the Country, demonstrating that unwavering determination and hard-work can lead to the highest echelons of the judiciary. His Lordship’s willingness and readiness for t...
Post a Comment
Read more

Reported Judgments

Party Name Case No. Date of Decision Hon'ble Judges/Coram (SB/DB) Chetan Lal v. State Of Chhattisgarh CRA No. 250 of 2003 01.08.2019 Gautam Chourdiya, J. Harnam Singh v. State of Madhya Pradesh CRA No. 1942 of 1998 29.08.2019 Gautam Chourdiya, J. Suresh Chand Tripathi and Ors. vs. State of Madhya Pradesh CRA No. 2658 of 1997 19.09.2019 Gautam Chourdiya, J. Sanjay and Ors. vs. State of Chhattisgarh CRA No. 752 of 2012 23.10.2019 Prashant Kumar Mishra and Gautam Chourdiya , JJ.
Post a Comment
Read more

Hon’ble Chief Justice Shri Ramesh Sinha conducted a virtual inspection of the National Lok Adalat across 23 District Courts of the Chhattisgarh State.

Bilaspur, September 21st, 2024: This year’s third National Lok Adalat was successfully organized on September 21, 2024, across the state under the able guidance of Hon’ble Shri Justice Ramesh Sinha, Chief Justice of the High Court of Chhattisgarh and Patron-in-Chief of the Chhattisgarh State Legal Services Authority. This National Lok Adalat spanned judicial levels from the Taluka courts to the High Court, making justice more approachable and swifter. To boost the morale of Judicial Officers and instill a strengthened sense of security and faith in the institution of Lok Adalat among citizens, the Hon’ble Chief Justice virtually connected with all 23 District Courts of the State from the High Court. He interacted with Principal District Judges and Judicial Officers, encouraging them to ensure the successful resolution of disputes in the National Lok Adalat. His engagement was pivotal to the success of the event, as he shared insights, assessed ongoing proceedings, and inspi...
Post a Comment
Read more