STATE OF ORISSA AND ANOTHER Vs. BIBHISAN KANHAR

JUDGEMENT

(1.) Leave granted.

(2.) The Revenue Divisional Commissioner requested the Employment Officer of the Employment Exchange, Cuttack to sponsor five candidates belonging to the Schedule Tribe community and five from unreserved category for selection and appointment to the posts of Farash and Peon. On the basis of a caste certificate filed by the Respondent in the Employment Exchange, he was sponsored as a candidate belonging to a Schedule Tribe community (Kandha). The Respondent was appointed as a Farash in the office of the Second Respondent. As there was a doubt raised about the Respondent belonging to a Schedule Tribe, proceedings were initiated before the State Level Scrutiny Committee for verification of his caste certificate. He was also placed under suspension. After a detailed enquiry, the State Level Scrutiny Committee found that the Respondent did not belong to the "Kandha" tribe. His caste was "Pano", which is a Schedule Caste in the State of Orissa. The State Level Scrutiny Committee directed cancellation of the caste certificate issued in favour of the Respondent and also recommended initiation of criminal prosecution against him. The Committee further requested the disciplinary authority to take appropriate action against the Respondent for removal from service. After issuance of a show cause notice, the Respondent was removed from service by the Second Appellant.

(3.) Initially, the Respondent approached the High Court assailing the legality of the order of the State Level Scrutiny Committee as well as the order of removal. As the Respondent was a civil servant, the High Court relegated the Respondent to the Central Administrative Tribunal and also gave him liberty to question the order passed by the State Level Scrutiny Committee cancelling his caste certificate. The Central Administrative Tribunal set aside the order of removal and directed reinstatement of the Respondent. The reasons given by the Tribunal for allowing the O.A. filed by the Respondent are that the Respondent was not appointed in a post reserved for Schedule Tribes and that there was no material to show that the Respondent forged the caste certificate for the purpose of procuring employment. The Writ Petition filed by the Appellants was disposed of by the High Court confirming the order of the Tribunal. The High Court reiterated the direction issued by the Tribunal to reinstate the Respondent. The High Court further directed that the Respondent was entitled for back wages at 50 per cent from 01.09.2014 till the date of his reinstatement. The only point that was found in favour of the Respondent by the High Court is that he was not appointed in a post reserved for Schedule Tribes. The Tribunal and the High Court directed the Respondent not to use his Schedule Tribe certificate in future.