JAMUNA PRASAD RAJAK Vs. STATE OF M P

JUDGEMENT

(1.) CIVIL Servant - not concealing his caste in recruitment form - clearly mentioning ' 'Dhobi" is Scheduled Caste in U.P. and Bhopal - cannot be visited with termination on ground of concealment -- directed to reinstate with full back wages and all consequential benefits. This petition was originally filed before the State Administrative Tribunal at Jabalpur on 23.6.1997. However, on account of abolition of the Tribunal, this petition has been received by this Court for its adjudication. By this petition the petitioner is challenging the validity of the order Annexure A-4 dated 30.4.1996 by which he has been punished by removal from his service.

(2.) THE petitioner was appointed on the post of Constable in the Police Department. Along with his application he submitted an Attestation Form (Annexure A-3) in which he has categorically stated that he does not belong to Scheduled Caste or Scheduled Tribe but his caste (Dhobi) is a Scheduled Caste in Bhopal and in the State of Uttar Pradesh.

(3.) THE enquiry officer as well as disciplinary authority found the charges to be proved as a result of which the disciplinary authority passed impugned punishment order Annexure A-4 removing the service of petitioner w.e.f. 30.4.1996. The petitioner feeling aggrieved by the said order preferred an appeal to DIG and the said authority on 16.8.1996 dismissed his departmental appeal and the further appeal was dismissed DGP vide annexure A-7 dated 10.12.1996. Hence this petition. In this petition Shri Sujoy Paul, learned counsel for the petitioner vehemently submitted that there was no concealment by the petitioner concealing his caste. In this regard he has invited my attention to annexure A-3 which is the Attestation Form submitted by the petitioner and has submitted that he has specifically stated in the said form that he does not belong to scheduled caste community, but Dhobi caste is a scheduled caste in Bhopal district and also in the State of Uttar Pradesh. It has also been putforth by learned counsel that petitioner submitted his candidature in General category and not as a candidate belong to the scheduled caste. It has also been canvassed by learned counsel that the department itself conducted the investigation and Shri V.S. Kushwaha Inspector was deputed for that purpose. His report is annexure A-2 in which he has categorically stated that Master chart indicating the position of the candidate under which he was selected is not traceable.