KAUSAR ALI Vs. UNION OF INDIA AND OTHER

JUDGEMENT

(1.) Heard Sri Gulab Chandra, learned counsel appearing for the petitioner and Sri Gaya Prasad Singh, learned counsel appearing for the respondents. Counter and rejoinder affidavits have been exchanged and with consent of learned counsel for the parties, this writ petition is being disposed of at the admission stage itself.

(2.) Present writ petition has been filed with the following prayer:

(3.) Facts in brief of the case are that the petitioner had appeared in the recruitment in Central Industrial Security Force (hereinafter referred to as CISF) for the post of Head Constable/Driver on 30.8.1997 and during the course of recruitment has produced his caste certificate no. 1438 dated 11997 issued by the Tehsildar, Jamania, district Ghazipur claiming himself to be a person belonging to "Scheduled Tribe" community. All the relevant documents were filed by the petitioner claiming himself to be a person belonging to scheduled tribe category and has filled up his questionaire form, certificagte and verification etc. and he was declared qualified. Since he has not availed the required relaxation applicable to persons belonging to scheduled tribe he was selected for the post against the vacancy of general category candidate. He completed his training and was sent for posting. His caste certificate was sent for verification to the District Magistrate in terms of the order issued by the Delhi High Court in Writ Petition No. 5976 of 2013 regarding verification of cases of persons who have secured employment in the Government of India and Government of NCT on the strength of fake scheduled tribe certificate. The District Magistrate vide his letter dated 6.9.2003 intimated that the petitioner belongs to Muslim Nat community which falls under the backward class and does not come under scheduled tribe category. A further report was submitted that the caste ceriticate no. 1438 dated 11997 produced by the petitioner was not issued from the office of the Tehsildar, Jamani, district Ghazipur and as such it was found that the caste certificate no. 1438 dated 11997 was a forged/fake caste certificate. Accordingly, a charge sheet dated 1.2012 was issued wherein he was charged that he has produced forged certificate no. 1438 dated 11997 showing himself to be a person belonging to scheduled tribe category and thus, has played fraud for the purpose of obtaining employment in the disciplined force. The petitioner was supplied all the relevant documents alongwith charge-sheet and P.W. 1 Clerk R.K. Ram was also produced as departmental witness. In enquiry it was found that there was a cetegorical report sent by the District Magistrate that the petitioner belongs to backward class and does not belong to scheduled tribe category. It was also veritified by the District Magistrate that the caste certificate no. 1438 dated 11997 produced by the petitioner was never issued by the Tehsildar, Jamania, district Ghazipur. As such, a enquiry report was submitted that the petitioner was recruited in the year 1997 on the basis of caste certificate showing himself to be a person belonging to scheduled tribe category and that the caste certificate produced by him was a forged document as he has shown himself to be a person belonging to scheduled tribe category whereas he belongs to backward class category. On the basis of the enquiry report and after considering the objections submitted by the petitioner against the enquiry report an order of punishment dated 10.4.2012 was passed by the disciplinary authority and the petitioner was dismissed from service in exercise of powers under Rule 32 Schedule 1 of U.P. Central Industrial Force Rules, 2001 (hereinafter referred to as CISF Rules). The appeal filed by the petitioner was also dismissed and thereafter the revision petition filed by the petitioner was also rejected vide order dated 31.8.2012, a copy whereof was annexed with the counter affidavit as Annexure-CA 4.