SATISH KUMAR BURMAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner under Article 226/227 of the Constitution of India against the order dated 13.12.2004 passed by the respondent No. 4/Chief Medical and Health Officer, Damon, whereby the services of the petitioner have been terminated on the ground that the caste certificate produced by the petitioner was not in accordance with law.

(2.) The case of the petitioner is that he was posted as Laboratory Technician at Primary Health Centre, Patera District Damoh. He belongs to "Majhi" caste. On 16.3.2004, the petitioner was served with a show cause notice by the respondent No. 4 informing him that as per the enquiry conducted by the Collector, Jabalpur it was found that the caste certificate submitted by him was temporary in nature and valid for six months only and its validity has come to an end, and as the petitioner has not produced permanent caste certificate why his services should not be removed?. It was further mentioned that "Majhi" community is not notified as Scheduled Caste in Jabalpur District hence he is not entitled to be selected on the basis of caste certificate produced by him. It was further stated in the notice that looking to the petitioner's conduct in submitting false caste certificate, a police action has also been proposed, and the salary and other allowances paid to the petitioner till date are also be recovered from him.

(3.) A reply to the aforesaid show notice was also submitted by the petitioner on 31.3.2004 stating that in the caste certificate there is no endorsement of its validity for six months. The petitioner also demanded the copy of enquiry conducted in his case be also furnished to him. Along with his reply the petitioner has also submitted various documents, circulars etc. to substantiate his claim that he belongs to "Majhi" caste. After obtaining the petitioner's reply, he was again communicated by the respondent No. 4 on 5.4.2004 that validity of his caste certificate was for a period of six months only and he was also directed to obtain the permanent certificate within 15 days' time. He was also informed that "Majhi" caste is not notified in Jabalpur District and thus again 15 days' time was granted to him. Subsequently after obtaining the permanent caste certificate, the petitioner submitted the same to the respondent No. 4 on 29.4.2004 and also relied upon the circular dated 7.9.1998 issued by the State Government wherein it is specifically ordered that no coercive action shall be taken against the employees of "Majhi" community and their services shall not be terminated. Another circular also issued to the same effect on 18.1.2002 was also submitted by the petitioner. The petitioner has also relied upon an order passed in the case of similarly situated employee namely of Smt. Kavita Verma of District Satna and the suspension order of said Kavita Verma was revoked on 13.4.1999 with immediate effect. The petitioner has also relied upon a gazette notification dated 20.9.1976 (Annexure P-13) issued by the Central Government whereby "Majhi" community has been placed at Sl. No. 29 of Madhya Pradesh list to submit that "Majhi" community would come in the category of Scheduled Caste for the entire State of Madhya Pradesh. Despite all these documents on record, the respondents have decided to terminate the services of the petitioner vide the impugned order dated 13.12.2004.