HARIPRAKASH RATHORE Vs. RAJGARH KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) INVOKING the extra-ordinary jurisdiction of this Court under Articles 226/227 of Constitution, the petitioner a dismissed employee of a Bank seeks to question the legality and propriety of his dismissal from service. In order to appreciate the grievance urged in the petition, few relevant facts need mention.

(2.) THE respondent No. 1, is a Bank established under the Regional Rural Bankers Act, 1976 (Act No. 21/76 ). On 24-5-1983 (Annexure P-l) the Bank invited applications for the post of officer in the Bank. The petitioner claiming himself to be an eligible candidate applied for the said post. In the application he described himself to belong to Scheduled Tribe caste by name 'saharia'. The petitioner was interviewed and was selected for the post. Accordingly on 7-12-1983 a letter of appointment Annexure P-2 was issued. This was followed by another letter dated 22-12-1983 (Annexure P-3) by which, the petitioner was appointed as an officer.

(3.) ON 14-9-1985 (Annexure P-4) a show cause was issued by the Bank to the petitioner in which it was complained that the petitioner hits given a false declaration in his application that he belongs to Scheduled Caste 'saharia' community. It was also complained that he has submitted false certificate describing himself to belong to Scheduled Caste community. The petitioner was asked to submit the explanation failing which, it was said that he will be dismissed from service. The petitioner replied to show cause and asserted that he does belong to Scheduled Caste 'saharia' community and that the certificate submitted by him is a true and correct certificate. The Bank was not satisfied with the reply and hence by order dated 25-9-1985 (Annexure P-6) dismissed the petitioner from service.