KAMLESH KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Heard Sri Indrajeet Yadav for the petitioner and Sri Rakesh Mohan for Union of India.

(2.) By this petition, the petitioner has challenged the order dated 11.3.2008 Annexure-4 of the writ petition) passed by respondent No. 3 and the order dated 24.6.2008 passed by respondent No. 2 (Annexure-7 of the writ petition), vide order dated 11.3.2008 the services of the petitioner had been terminated by the Commandant II, 8th Battalion, Sashastra Seema Bal Malhipur, Shrawasti, (Uttar Pradesh) and vide order dated 24.6.2008 the appeal preferred by petitioner has been dismissed by Staff Officer (Administration), Government of India, Ministry of Home Affairs, Sashastra Seema Bal, Sector Head Quarter, FCIL Complex, Gorakhpur.

(3.) The brief facts of the case are that the petitioner was selected in the year 2005 and appointed w.e.f. 1.1.2006 as Constable CT (GD No. 060330361) in Sashastra Seema Bal and posted in 26th Battalion S.S.B. Pilibhit(U.P.) and later on he was transferred to 8th Battalion Malhipur, Shrawasti (Uttar Pradesh). His appointment was made against the vacancy of OBC category. On 24.12.2007 a show-cause notice was issued to the petitioner by Commandant, 8th Battalion S.S.B. Malhipur, Shrawasti (U.P.) asking him to reply within fifteen days, stating therein that OBC Certificate submitted by the petitioner at the time of his selection and appointment on the post in question, was verified by the office of Commandant, 26th Battalion SSB Pilibhit, and on verification D.M. Jaunpur intimated vide his letter No. 517 dated 8.2.2007 that it was not issued from his office. Thus, being a suspicious case, one S.O. from Battalion was sent to the office of D.M., Jaunpur to enquire about the genuineness of the OBC certificate. On verification D.M., Jaunpur has intimated that the name of petitioner against the caste of AHIR was not entered in his record and it was not issued from his office. Accordingly, it was stated that the petitioner had presumably produced false OBC certificate at the time of selection for the post of Constable CT (GD) against OBC category, whereas it was made very clear in the offer of appointment dated 10.11.2005 issued to the petitioner that in case of any adverse remarks is found to be reported against the petitioner and if the OBC certificate is found to be false, the services of petitioner shall be terminated forthwith without assigning any further reason.