UNION OF INDIA Vs. VIRENDRA SINGH

JUDGEMENT

(1.) Correctness and sustainability of the order dated 10.01.2019 passed by learned Single Judge is challenged in this appeal, whereby writ petition filed by Respondent challenging his order of termination from service was allowed. Order of termination as well as the appellate order were set aside with a liberty to the appellants to proceed in accordance with law and, thereafter, to pass appropriate orders.

(2.) Facts of the case relevant for disposal of this appeal are that Respondent was appointed as Constable in the Central Reserved Police Force, in the year 1990. He was initially posted at 188 Battalion of CRPF, posted in Rajnandgaon, Chhattisgarh. Petitioner was appointed against the seat reserved for Schedule Tribe category candidate. During the course of enquiry with regard to caste status of respondent and his credentials, appellants doubted with the caste status of respondent. Some enquiry has been made from the Tahsildar, Vair district Bharatpur, Rajasthan and on the basis of report given by Tahsildar, Department Enquiry was initiated. Charge-sheet was issued to respondent on 24.03.2008, levelling charge that respondent submitted false caste certificate at the time of securing appointment. During the course of proceedings, respondent stated that, his entire family migrated to village Azizabad, post- Pahaso, district Bulandshahar (U.P.) from village Nithar, Tahsil Bharatpur, Rajasthan. After conclusion of enquiry, Disciplinary Authority passed an order of removal from services vide order dated 22.09.2008. Order of removal was put to challenge in a departmental appeal before DIG, East Zone, CRPF. Appeal filed by respondent also came to be dismissed on 02.02.2009 which made the respondent/ petitioner to file writ petition before the High Court with following reliefs.

(3.) Learned Single Judge, upon hearing both the sides, has allowed the writ petition quashing the order of removal of the respondent as well as order of dismissal of appeal on the ground that the caste verification can be done only by High Power Caste Scrutiny Committee constituted by each State in view of judgment passed by Hon'ble Supreme Court in case of Madhuri Patil and another v. Additional Commissioner, Tribal Development & Ors , 1995 AIR(SC) 94.