B S NEGI Vs. SYNDICATE BANK

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 12th March, 1994 passed by the Deputy General Manager of the Syndicate Bank by which the petitioner was dismissed from the services of the Bank with immediate effect and the order dated 14th June, 1994 passed by the Appellate Authority dismissing the appeal filed by the petitioner against the aforesaid order.

(2.) The petitioner was served with a charge-sheet dated 14th January, 1988 containing the charge that he had joined the services of the Bank on 29th January, 1980 as a Clerk by declaring that he belonged to the Scheduled Tribe Community which fact was not true and, therefore, by wrongly deriving the benefit meant for candidates belonging to Scheduled Tribe he had committed act of gross misconduct. An enquiry was held and the Enquiring Authority submitted a detailed report dated 2nd December, 1993. It mentions that the petitioner had submitted an application on 26th October, 1979 for seeking appointment stating that he belonged to Scheduled Tribe Category and after getting through the examination he submitted the application dated 14th February, 1980 enclosing certain documents including the certificate dated 20th January, 1977 purported to have been issued by Sri Pratap Singh Negi M.P. Lok Sabha certifying that the petitioner belongs to Naik Caste which comes under Scheduled Tribe. The petitioner was asked to submit a certificate from the Competent Authority, as M.P. was not the competent authority to issue the certificate.

(3.) The petitioner then submitted a certificate purported to have been issued by the Tehsildar Garh Mukteshwar stating that the petitioner belongs to village Haripur, Tehsil Kotdwara, district Pauri Garhwal and belongs to Naik caste which has been recognised as Scheduled Tribe.