SUBHASHCHANDRA TULSHIRAM SAHU Vs. GENERAL MANAGER SYNDICATE BANK

JUDGEMENT

(1.) The mat ter is part heard. THE order impugned is the award delivered by respondent no. 2 - CGIT-cum-Labour Court, Nagpur on6.11. 2006 answering the reference made to it in negat ive, and thereby upholding the action of respondent no. 1 Bank in imposing penalty of dismissal w. e. f.28. 02. 2003. THE penalty has been imposed for not cooperat ing with the employer and the Scrutiny Committee for the purpose of verifying the caste claim of petitioner as belonging to Schedule Tribe/bhungia.

(2.) It is not in dispute that the petitioner came to be appointed in November, 1977 in employment of respondent no. 1 Bank as candidat e belonging to Scheduled Tribe cat egory, and thereafter was absorbed as such in permanent service. Till his dismissal by order dat ed28. 02. 2003 he has worked with respondent no. 1.

(3.) It is in this background the petitioner approached the CGIT in case No. 205/ - 2003. Before the CGIT the fairness of departmental enquiry was not questioned and CGIT has recorded that perversity of findings recorded by the enquiry officer was also not assailed. Xerox copies of the orders and judgment of High Court were placed on record to contend that the petitioner was entitled to protection of his service, even if his caste certificat e was presumed to be invalid. The CGIT found that petitioner did not file single document on record showing his case and he was refusing to submit the supporting document demanded by the Scrutiny Commission and never submitted the original to the Scrutiny Committee for verificat ion. The CGIT also found that , if, he was really belonging to Scheduled Tribe he could have produced the caste certificat e in time.