MOHAN KUMAR BANGADE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CHALLENGING the order-dated 4.11.2009 - Annexure P/21 passed by respondent No.4, dismissing the petitioner from service in accordance to the provisions of Rule 10 of the MP Civil Services (Classification, Control and Appeal) Rules (hereinafter referred to as 'CCA Rules'), petitioner has filed this writ petition.

(2.) RECORDS indicate that petitioner was appointed on the post of Deputy Director-cum-Deputy Registrar, in the Handloom Division, Jabalpur and at the time of appointment he was appointed in a quota fixed for a Scheduled Caste candidate, treating him to be a person belonging to the 'Halba' community. Petitioner also produced requisite caste certificate showing that he belongs to the 'Halba' community. Petitioner was selected in a Gazetted Category II post after due process of selection by the Public Service Commission. Appointment of the petitioner was made on 5.9.1986 vide Annexure P/1. Thereafter, the petitioner was promoted and while so working on the promoted post it seems that petitioner was suspended on the ground that he has obtained appointment by producing a false caste certificate. Petitioner was suspended on 13.12.1996 and he challenged his suspension by filing an application before the State Administrative Tribunal being O.A.No.21/1997. The said application was decided by the Tribunal on 7.5.1997 quashing the suspension. Writ Petition filed by the State Government was allowed by a Division Bench of this Court in W.P.No.1049/1997 on 6.8.2004, vide Annexure P/4, and the State Government was granted liberty to proceed in accordance with law. It seems that thereafter petitioner's services were proposed to be terminated and, therefore, the matter again came to this Court in the form of another writ petition filed by the petitioner and a Bench of this Court in W.P.No.1670/2007, vide order-dated 10.2.2009, held that the matter be referred to the High Power Screening Committee and a decision be taken on the basis of the report of the Screening Committee. Writ Appeal filed by the State Government being W.A.No.93/2009 having been dismissed by a Division Bench of this Court vide Annexure P/17, the matter was taken up before the High Power Screening Committee, which conducted its deliberation and passed a detailed speaking order - Annexure P/20 holding that the petitioner does not belong to the 'Halba' community, he belongs to the 'Koshti' community, which is not a Scheduled Caste community, but which falls in the OBC Category and as the caste certificate produced by the petitioner showing him to be a candidate or a person belonging to the 'Halba' community was found to be not correct, the impugned action is taken by the State Government dismissing the petitioner from service under Rule 10(8) of the CCA Rules.

(3.) HAVING heard learned counsel for the parties and on a perusal of the records, it is clear that in the impugned order passed by the disciplinary authority vide Annexure P/21 on 4.11.2009, it is clearly stated that the services of the petitioner are being terminated in accordance to Rule 9 of the CCA Rules. It is clearly stated in the order that the petitioner is being dismissed from service in view of the aforesaid Rules. Admittedly, the entire action for dismissing the petitioner as a measure of punishment is contemplated under Rule 10 is undertaken without following the procedure contemplated under Rule 14 of the CCA Rules and, therefore, on this count alone the entire action undertaken stands vitiated and is liable to be quashed.