P KURMAIAH Vs. UNION OF INDIA REP BY ITS GROUP COMMANDANT G P HEAD QUARTERS CENTRAL INDUSTRIAL SECURITY FORCE MINISTRY OF HOME AFFAIRS HYDERABAD

JUDGEMENT

(1.) The petitioner joined the service of Central Industrial Security Force (CISF) in the year 1981 as a Washer-man. At the time of appointment, he submitted a caste certificate, dated 02-05-1977, issued by the then Police Patel of Kothakota village, to the effect that he belongs to 'Chakali' community. About a quarter century thereafter, the respondents have undertaken verification of the genuinity of the certificate. It appears that the District Collector, Mahaboobnagar, informed the respondents that the competent authority to issue the caste certificate was not the Police Patel. On this basis, the petitioner was required to obtain a caste certificate, from the competent authorities. On an application submitted by the petitioner, the Mandal Revenue Officer, Kothakota village issued a certificate in the year 2004 to the effect that the petitioner belongs 'Chakali BC - A community'.

(2.) The Deputy Commandant, CISF Unit, Cherlapally, Hyderabad, the 2nd respondent herein, issued an Article of charge, dated 16-01-2010, to the petitioner alleging that he submitted an incorrect caste certificate at the time of recruitment. The charge was elaborated through statement of imputation. The petitioner challenges the Article of charge and other connected proceedings.

(3.) The petitioner contends that there is inconsistency between the Article of charge on the one hand and the statement of imputation on the other. He submits that in the statement of imputation there is a clear error apparent on the face of the record, inasmuch as the allegation of submitting false certificate is made in it, though no such averment was made in the Article of charge.