JAGDISH MANDAL Vs. STATE OF C.G.

JUDGEMENT

(1.) By way of this writ petition, the petitioner herein calls in question the impugned order dtd. 25/06/2007 (Annexure P-6) passed by respondent No. 3 whereby his service from the post of 'Mining Sirdar' has been terminated and further relief has been sought that he may be allowed to continue on the post which he was earlier holding.

(2.) It is the case of the petitioner that he was issued caste certificate by respondent No. 5 on 02/05/2000 (Annexure P-1) as he belonged to Scheduled Tribe category and thereafter, he was appointed by respondent No. 2 on the post of 'Mining Sirdar' on 20/07/2002. He joined his service and also completed the period of probation, but abruptly by order dtd. 25/06/2007 (Annexure P-6), he was terminated by respondent No. 3 on the basis of some report holding his caste certificate to be false without affording him an opportunity of hearing and without holding departmental enquiry in terms of the applicable Standing Orders, which is absolutely unsustainable and bad in law and the order of termination deserves to be set aside.

(3.) Separate returns have been filed on behalf of respondents No. 1 and 3 opposing the writ petition stating inter alia that during the period of probation, petitioner's caste certificate was verified and it was informed by the Block Development Officer vide his letters dtd. 14/06/2007 and 23/05/2007 (Annexure R/8) that the caste certificate produced by the petitioner is false and forged and on that basis, petitioner's service has been terminated which is strictly in accordance with law.