Govt decree can't override legislation: SC
The ruling comes after Maharashtra Govt sacked an employee who produced a fraudulent tribal certificate.india Updated: Jan 28, 2007 21:51 IST
A beneficient government resolution cannot overide a statutory legislation, the Supreme Court has held while upholding the Maharashtra government's decision to sack an employee who produced a fraudulent tribal certificate to obtain a job.
Setting aside the orders of reinstatement passed by the Mumbai High Court, a bench of Justices SB Sinha and Markandeya Katju felt that though the government may bring in certain beneficient rules, they cannot be extended to a person who does not satisfy the condition precedent thereof.
Sanjak K Nimje, who was employed with the Government of Maharashtra, was sacked by the authorities on May 25, 2005 for fraudulently using a "Halba community caste certificate though he belonged to the special backward class community "Koshti".
Nimje, challenged the dismissal before the high court on the ground that the government had passed a resolution on June 15, 1995, under which those who were appointed on the basis of such tribal certificates prior to the issuance of the resolution were protected from any punitive or disciplinary action.
He cited the case of one Maruti Jadhav, who obtained a similar relief under the said resolution.
Nimje, further argued that though he was technically appointed on June 29, 1995, he was actually selected to the post on June 15, 1995 when the day on which the resolution was issued.
Accepting the plea, the Mumbai High Court quashed the dismissal and directed his reinstatement following which the government appealed before the apex court.