LAWS(CAL)-2017-5-66

JITENDRA PRASAD Vs. UNION OF INDIA

Decided On May 16, 2017
JITENDRA PRASAD Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The writ petitioner challenges the entire disciplinary proceedings conducted against him including the order of suspension, the charge- sheet issued, the entire Enquiry Officer's report, the second show- cause notice, the recommendation of the Disciplinary Authority, the punishment of termination of service, the order of the Appellate Authority affirming the order of termination and the order of the Revisional Authority. The petitioner's case:-

(2.) The petitioner was appointed as a Constable in the Railway Protection Force (in short 'RPF') of Eastern Railway on 2 June, 1977. His appointment was in the Schedule Tribe category. Learned Counsel has relied on the following documents in support of his case that the petitioner belongs to the Kharwar Community which is recognized as a Schedule Caste/Schedule Tribe:

(3.) Learned Counsel then referred to the Constitution (Schedule Tribes. (Uttar Pradesh. Order, 1967 which provides, inter alia, that the Kharwar Community in the Districts of Deoria, Balia, Ghazipur, Varanasi and Sonbhadra shall be deemed to be Schedule Tribes.