PANDURANG G ADYALKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of theConstitution of India Dr. P. G. Adyalkar, the petitioner herein,has challenged the legality and validity of the order dated 8/07/1983 by the President of India imposing on the petitioner the penalty of "dismissal from service". The petitionerat the relevant time was posted as Director, Eastern Region,Central Ground Water Board, Calcutta.

(2.) The relevant facts are these. In response to an advertisement dated 6/12/1952 of the Union Public ServiceCommission for the post of Assistant Geologist, Geological Survey of India, the petitioner sent his application dated 2 6/12/1952. The petitioner in the application declared thathe belonged to 'Halba scheduled tribe. The petitioner wasselected by the Union Public Service Commission and recommended for appointment as Assistant Geologist in the GeologicalSurvey of India against a post exclusively reserved for scheduledtribe candidates. The petitioner joined as Assistant Geologiston 27/10/1953.

(3.) In response to an advertisement dated 10/12/1955 for the post of Geologist (Junior) the petitioner submittedhis application dated 20/12/1955 declaring therein thathe belonged to 'Halba' scheduled tribe. The Director, Geological Survey of India, in the letter dated 29/12/1955while forwarding the application stated that though the applicant(petitioner) did not possess the required experience of five yearsin geological work his application is being forwarded for consideration as a special case as he came from the scheduled tribecommunity. The petitioner was selected by the Union PublicService Commission and recommended for appointment to thepost of Geologist (Junior) against a post open to the candidatesfrom all communities. The petitioner joined as Geoloagist(Junior) with effect from 3/05/1957.