PRAKASH ANTHONY Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) Petitioner, by this writ petition seeks quashing of the order dated 27th July/llth August, 1999, imposing the penalty of removal from service as well as order dated 12th October, 2000, by which the appeal preferred by the petitioner against the order of removal from service was Vol. CXVII PRAKASH ANTHONY v. UNITED INDIA INSURANCE CO. 427 rejected. Petitioner also seeks exemplary costs and such other orders, as are deemed necessary in the facts and circumstances.

(2.) Petitioner, a graduate and having registered with the Employment Exchange, Shahdara, applied for being appointed to the post of Assistant Typist with the respondent company in response to an advertisement issued by the respondents. Petitioner declared himself as a Member of the Scheduled Tribe and was selected and issued appointment letter dated 31st December, 1987 on this basis. Petitioner had submitted an identity card issued by the Employment Exchange, Shahdara, where he was registered, showing him as a member of the Scheduled Tribe. Petitioner also submitted a Caste certificate, issued by the Government of Bihar dated 23rd August, 1985, translated copy of which is in the following terms: Block Office Bettiah CASTE CERTIFICATE No. 539 DATE 25.9.85 The Block Development Officer on the basis of inquiries do hereby certify that Shri Prakash Anthony S/o. Shri M. Alexander Mohalla Christian Quarter, Police Station Bettiah is a Christian extremely Backward Class/ backward class/Harijan/Muslim. Block Development Officer. Bettiah 25.9.85

(3.) Petitioner after his appointment continued to work with the respondent. In February, 1992, petitioner applied for promotion to the post of Assistant Administrative Officer. Petitioner's candidature was rejected, inter alia, on the ground that he did not belong to the Scheduled Tribe Community. Vide letter dated 24th February, 1992, petitioner's explanation was called as to why action should not be taken against him for having submitted false information, regarding his caste. Petitioner in response stated that he had committed a mistake by applying for the post. Clarification was further sought by the respondents vide their letter dated 13th July, 1994. Petitioner vide his letter of 4th August, 1994 submitted the clarification asked for by the respondents. He also sought to explain that confusion had been created on account of format of the caste certificate. On 25th May, 1995, petitioner was asked to submit documentary proof in support of his belonging to the Scheduled Tribe Category within 7 days. Petitioner responded by saying that he had applied to the concerned official for issuance of a fresh certificate". Petitioner, in due course, also submitted a certificate issued by the Block Development Officer, which is to the following effect: Block Office Bettiah CASTE CERTIFICATE No. 208 Date 23.3.199 This is to certify that Shri Prakash Anthony S/o. Shri M. Anthony Alexander is a resident of Mohalla Christian Quarters, Dargah, Police Station Bettiah, Distt. West Champaran originally belonged to Lohar Tribe but has embraced Christianity. Block Development Officer, Bettiah West Champaran 23.3.1996