UNION OF INDIA Vs. CONSTABLE KRISHAN KUMAR

JUDGEMENT

(1.) With the consent of the parties, the writ petition is taken up for disposal. Petitioner Union of India assails the order dated 16th January, 2002 passed by the Principal Bench of the Central Administrative Tribunal by which OA No.1410 of 1999 filed by the Respondent Krishan Kumar, the impugned orders dated 10.02.1998 and 28.11.1999 passed by the petitioners, were quashed and set aside. It was also held that the applicant would be entitled to all consequential benefits as has been granted to his junior in Promotion List 'B'. Communication dated 10.01.1998 was the show cause notice and vide order dated 26.11.1998, the action taken under the show cause notice was confirmed and the name of the respondent was removed from List A and B.

(2.) We have heard learned counsel for the petitioner in support of the petition as also the learned counsel for the respondent in opposition. The case stood up by the petitioner is that the respondent in the application form had stated his caste to be 'Bawaria' and enclosed the certificate from the State of Rajasthan. It was further claimed that in the application form 'Bawaraia' caste was stated as 'ST' (Scheduled Tribe) which was accepted by the petitioner. It is the contention of the petitioners that 'Bawaria' caste was not treated as Scheduled Tribe in U.P. and Rajasthan, but as Scheduled Caste. It appears that there was some confusion with the petitioners as to whether the Bawaria Caste falls under Scheduled Tribe or Scheduled Caste. For considerably long periods of time, the petitioners and its authorities kept on treating the Bawaria Caste as a Scheduled Tribe and many personnels were recruited on the said basis.

(3.) Learned counsel for the petitioner relies on FR 31 and has submitted that since Bawaria Caste has been determined as Scheduled Caste, it does not fall under Scheduled Tribe. The petitioners are liable to correct this factual error and mistake and give consequential effect to the same. Learned counsel for the petitioner submits that in the instant case while the respondent belongs to Haryana, the certificate has been issued from State of Rajasthan which was yet another factor which would go to vitiate the appointment. Learned counsel further submitted that proceedings had been initiated against the elder brother of the respondent who is Head Constable for allegedly removing the original certificate and the Departmental Inquiry is going on. However, he candidly states that no action has been initiated in the said Inquiry against the respondent.