RAMENDRA CHANDRA SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of this petition the petitioner has challenged the memorandum No.F.6(4)-PWD(E)/99 dated 26.09.2008 whereby he has been terminated from service on the ground that his scheduled caste certificate was cancelled by the State Level Scrutiny Committee.

(2.) The undisputed facts are that the petitioner was appointed as Lower Division Clerk (LDC) on 09.09.1987. He did not obtain appointment as a scheduled caste candidate. However, after he joined the service he filed a certificate showing that he was a member of the scheduled caste and therefore, entry was made in the service book showing that he belongs to the scheduled caste. Thereafter, the petitioner made a prayer to the respondents on 20th November, 1996 praying that he does not want to avail benefit being extended to ST/SC community candidates in Government service and he may be treated like a general category. This letter was handed over and received by the department on 20th November, 1996. This fact is not disputed. It is also not disputed that the petitioner never obtained any benefit of being a member of the scheduled caste or scheduled tribe community.

(3.) Despite the petitioner having made the statement in the year 1996, the Inquiring Officer of the Vigilance Cell issued notice to the petitioner on 1st January, 2005 as to why his scheduled caste certificate be not cancelled. The petitioner admitted that he does not belong to the schedule caste category and did not object to his certificate being cancelled. He, however, pointed out that he had never taken benefit of being a member of the scheduled caste and even in the seniority list issued on 14.07.2008 his name was shown in the general category. The services of the petitioner were terminated vide order 26th September, 2008 which is impugned in this petition.