ASHOK NARAYAN GORKHE Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with consent. The petitioner challenges the order dated 27.10.2005 in Original Application No. 2099/2002 passed by the Central Administrative Tribunal; thereby dismissing the Original Application filed by the present petitioner.

(2.) The petitioner who claims to belong to "Halba" Scheduled Tribe, was appointed as a Senior Surveyor by the respondent No. 3 some time in the year 1977. It however appears that finding that the petitioner had submitted as many as three different certificates of three different authorities and since there was no material to substantiate that the petitioner belongs to "Halba" Scheduled Tribe, initiated departmental proceedings against him.

(3.) In the departmental proceedings, it was found that the claim of the petitioner was not genuine and the petitioner had fraudulently obtained the appointment against a reserved category post. The Disciplinary authority, therefore, imposed a penalty from removal from service. The Appellate authority also confirmed the same. However, the Revisional authority i.e. Respondent No. 1 vide order dated 27.1.1998 quashed the order passed by the first authority as well as appellate authority and remanded the matter to the Inquiry Officer.