MANOJ KUMAR CONSTABLE Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned standing Counsel for the respondents. Petitioner was appointed as constable in P.A.C. in the year 1998 against vacancy reserved for scheduled caste. For the said purpose petitioner had filed a certificate showing that he was Chamar by caste which is a scheduled caste. Thereafter some complaint was received that petitioner was only backward (Ahir/Yadav) and he had obtained appointment against scheduled caste vacancy by filing false caste certificate. Chargesheet/notice was issued on 5.8.2006 to the petitioner to show cause as to why his appointment shall not be cancelled. Petitioner filed reply. After considering the reply (which was virtually an admission) petitioner's appointment was cancelled through order dated 26.8.2006 passed by the Commandant 42nd Battalion, P.A.C., Naini, Allahabad, copy of which is Annexure-3 to the writ petition. Against the said order petitioner filed appeal which was dismissed on 11.6.2012 by Deputy Inspector General of P.A.C., Eastern Zone, U.P., Lucknow hence this writ petition.

(2.) Petitioner filed reply to the charge sheet/show cause notice on 14.8.2006 and 17.8.2006. Copy of notice dated 5.8.2006 has been annexed alongwith writ petition but copies of replies have not been annexed by the petitioner.

(3.) In the order dated 26.8.2006 in para-4 it is mentioned that petitioner in his replies dated 14.8.2006 and 17.8.2006 mentioned that at the time of appointment he had not filed any certificate showing that he belonged to scheduled caste and that he was a member of Ahir caste which was O.B.C. It is further mentioned in the said para that the allegation of the petitioner was utterly false as in his statement given before Inquiry Officer in preliminary inquiry he categorically stated that at the time of his appointment in October, 1998 he went to Tehsil Jamaniya District Ghazipur for obtaining caste certificate and there he met a person whose name he did not know and that person gave him a certificate of scheduled caste and on the basis of the said certificate petitioner was taken in service. It was further stated by him before Inquiry Officer that afterwards for preparation of service/character book he was asked to produce caste certificate and as he belonged to Yadav caste hence he obtained a certificate to that effect and presented the same. Accordingly, in the impugned order dated 26.8.2006 (as well as in the appellate order) it was mentioned that petitioner admitted that he was not scheduled caste still he obtained employment under scheduled caste reserved quota.