SOMSHEKAR KASHINATH BABALADI Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner takes exception to Order dtd. 31/7/2024 passed by the Ld. Central Administrative Tribunal (for short 'Tribunal') in Original Application No. 145 of 2014. The Tribunal dismissed OA filed by the Petitioner challenging the Order dtd. 6/8/2013 issued by the Respondent no.1. By the impugned order, the petitioner was subjected to a permanent penalty entailing the forfeiture of his entire monthly pension along with his entire gratuity.

(2.) The Petitioner is a retired Superintendent of Central Excise, Thane II Commissionerate. Respondent no.1 is the Secretary of the Minister of Finance, Department of Revenue. The Respondent no.2 is the Commissioner of Central Excise, Thane II.

(3.) The brief facts giving rise to the present petition are that the Petitioner belongs to the caste 'Hindu Golla' and according to the Petitioner the same is recognized as a Nomadic Tribe in the State of Karnataka. In 1973-74, the Petitioner enrolled his name in the Regional Employment Exchange at Dharwad. Thereafter, vide Order dtd. 10/6/1976, the Petitioner was selected and appointed on the post of Inspector of Central Excise. Upon joining the said post, the Petitioner was asked to submit an Attestation Form, wherein he has stated that he does not belong to a Scheduled Tribe (ST), instead he belongs to a Nomadic Tribe. In 1979, a list of seniority of Inspectors was published, wherein the caste of the Petitioner was indicated as 'ST' and subsequently, on 26/6/1991, the Petitioner was promoted to the post of Superintendent of Central Excise Department, on the basis of considering his caste as ST.