SHEIKH MOBEEN Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order passed in O.A. No. 531/2003 by the Central Administrative Tribunal, Jabalpur (hereinafter referred to as 'the Tribunal') on 12 -8 -2003 and also the memorandum dated 23 -7 -2003 issued by the respondents proposing for enhancement of the punishment. This case has got checkered history which we feel necessary to mention in brief. The petitioner was initially appointed as Apprentice w.e.f. 1 -7 -1965 in the Gun Carriage Factory, Jabalpur and was absorbed as Border 'A' on 1 -7 -1969. While entering in the service as Apprentice in G.C.F. Jabalpur he declared himself to be of scheduled caste in his attestation form and had submitted a scheduled caste certificate.

(2.) THE petitioner was promoted to Supervisor (Technical) on 3 -8 -1978, then to the post of Chargeman Grade -II on 1 -6 -1980 and as Chargeman Grade -I (Technical) on 23 -6 -1986. He was then further promoted to the post of Assistant Foreman (Technical) w.e.f. 7 -5 -1993. As per the respondents in 1993 when he was transferred from Gun Carriage Factory, Jabalpur to the Ordnance Factory, Itarsi while scrutiny of his service record it was observed that the petitioner belongs to Muslim religion and as per The Constitution (Scheduled Castes) Order 1950 CO. 19 dated 10 -8 -1950 of the Constitution (Scheduled Caste) Order 1950, no person who professes a religion different from the Hindu or Sikh religion shall be deemed to be a member of Scheduled Caste. Thus petitioner who was of Muslim Community having entered in service by producing a fake Scheduled Caste certificate the respondents referred the matter to the Disciplinary Authority for taking suitable action in the matter. The disciplinary authority considered the case and ordered to hold enquiry against the petitioner under Rules 14 and 15 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and issued a charge sheet for gross misconduct of producing fake caste certificate which is a conduct of unbecoming of a government servant vide memo dated 24 -10 -1996. The petitioner denied the charges and hence enquiry was ordered about the charges framed against him.

(3.) ON enquiry the charges framed against the petitioner were found to be proved and, therefore, the disciplinary authority vide its order dated 15 -11 -2000 imposed penalty of reduction in rank from Assistant Foreman (Technical) to a lower grade of Chargeman Grade -I (Technical) in the pay scale of 5500 -175 -9000 until he is found fit by the Competent Authority to be restored to the higher grade of Assistant Foreman. This order was made effective from the date of issue and it was also ordered that his pay in the grade of Chargeman Grade -I shall be fixed at the minimum of the scale. It is pertinent to mention that in the meantime, i.e., during the pendency of enquiry of the aforesaid charges the petitioner filed a petition before the Tribunal vide O.A. No. 638/1997 for quashment of the charge -sheet and the Tribunal vide its ex parte order passed on 4 -9 -1997 directed to maintain status quo which according to the respondents was not made known to them till the order of penalty was passed. On receipt of the order of imposition of penalty of reduction in rank the petitioner filed a Contempt Petition No. CCP 83/2000 before the Tribunal stating that the respondents have disobeyed the order of the Tribunal passed on 4 -9 -1997 in O.A. 634/97. As soon as it was brought to the notice of the respondents that there was an order of status quo passed by the Tribunal on 4 -9 -1997, the respondents had ordered the penalty order dated 15 -11 -2000 to be kept in abeyance. Thereafter, the Tribunal disposed of O.A. No. 638/1997 by its order dated 6 -11 -2002 with the following observations: