DAMODAR MOHAPATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner in this writ application prays for quashing the order of termination from service vide Annexures -14 & 17 and the confirming appellate order vide Annexure -21.

(2.) THE facts leading to filing of the writ application are that the petitioner pursuant to a campus selection made by opposite party no.3 was selected for appointment as Mechanic -B under opposite party nos.3 to 7. In the application and attestation form for such appointment he had declared his caste as scheduled caste, (MALA caste) and accordingly produced the caste certificate (Annexure -4) granted by the Additional District Magistrate, Cuttack dated 12.03.1973. Annexure -1 is also another caste certificate issued by the Additional District Magistrate in favour of the petitioner on 18.05.1972. The caste 'MALA has been included as a scheduled caste in the Constitution (Scheduled Caste) Order, 1950 in so far as it relates to the State of Orissa vide Annexure -2. While the petitioner was continuing in service, the Senior Manager, Security and Vigilance, H.A.L. vide his letter dated 18.08.1995 (Annexure -11) requested the Collector, Cuttack to verify the genuineness of caste certificates of some employees including the petitioner as the H.A.L. authorities have received letters from S.P., C.B.I., Bhubaneswar that some employees of H.A.L. had allegedly submitted false caste certificates at the time of employment. On receipt of such letter in the office of the Collector, Cuttack, the Additional District Magistrate, Cuttack vide his letter dated 04.09.1995 under Annexure -7 requested the Tahasildar, Cuttack to enquire and report regarding the caste, sub -caste and religion of the petitioner opining that the caste certificate produced by the petitioner (Annexure -4) appears not to have been issued from the office of the Additional District Magistrate, Cuttack, as it does not bear the Misc. Case No./Year or issue number and date. In turn, vide letter no.5336 dated 14.09.1995 under Annexure -8 the Additional Tahasildar, Cuttack intimated the Senior Manager ( S and V), H.A.L. that on verification it was found that the caste of the petitioner is 'MALLA which does not come under S.T. or S.C. community. Thereafter, vide letter dated 19.10.1995 under Annexure -9, the H.A.L. Authorities called upon the petitioner to show cause as to why disciplinary action shall not be taken against him on the charge that the petitioner at the time of his initial appointment and also subsequently during promotion declared that he belonged to scheduled caste and also produced the caste certificate at the time of initial appointment, but on verification it was found that he does not belong to 'MALA community, as claimed by him, but actually he belongs to 'MALHA community which is not a scheduled caste and as such he has made false declaration of his caste and fraudulently secured appointment in violation of Clause Nos.25(b) (ii), 25(b) (vi) and 25(b) (xxii) of the Companys Standing Orders and as such committed breach of such rules and misdemeanour. The petitioner submitted his show cause (Annexure -10) denying the charges and further contended that he is a member of 'MALA community, which is a Scheduled Caste and accordingly caste certificate was issued in his favour and that he does not belong to 'MALHA community. It is further stated by him that for generations his family members are being treated as scheduled caste. Dissatisfied with the explanation of the petitioner, the authorities initiated the disciplinary proceeding against the petitioner and the Senior Manager, Training was appointed as Inquiry Officer. On completion of the enquiry, the Inquiry Officer submitted his enquiry report vide Annexure -12 wherein he held that the letter of the Additional Tahasildar bearing No.5336 dated 14.09.1995 no where mentioned that the original caste certificate issued in favour of the petitioner was false or it was cancelled. It was further held that in the said letter though the Additional Tahasildar has stated that the petitioner is 'MALLA by caste, in the charge -sheet it is mentioned that the petitioner is 'MALHA by caste. The Inquiry Officer, therefore, concluded that if the statement of the Additional Tahasildar in his letter is to be taken as correct then the charge -sheet against the petitioner should be withdrawn. It was ultimately found by the Inquiry Officer from other documents produced in course of the proceeding that the petitioner belongs to scheduled caste, i.e., 'MALA and relations of the petitioner were issued scheduled caste certificate as 'MALA. The State Government was issuing scheduled caste certificate to 'MALLA and 'MALHA community people as 'MALA and, therefore, the petitioner did not submit false caste certificate at the time of his appointment. The Inquiry Officer ultimately suggested for a fresh verification from the Government authority as to whether the caste certificate issued to the petitioner as 'MALA which was a synonym of 'MALLA or not and whether the authorities were issuing Scheduled Caste certificates to 'MALHA and 'MALLA community people as 'MALA or not before taking any further action. The petitioner was, therefore, found not guilty by the Inquiry Officer.

(3.) AFTER disposal of the writ application, the appeal of the petitioner was transferred to the Executive Director, H.A.L., Koraput Division, Koraput (opposite party no.7) and the said appellate authority by his order dated 20.10.2008 under Annexure -21 confirmed the order of punishment of termination of service of the petitioner holding that on verification of caste certificate with the concerned district authorities, it was ascertained that the petitioner belonged to 'MALLA community , which was not a Scheduled Caste and therefore, it was proved in the enquiry proceeding that the petitioner does not belong to 'MALA caste, which is a Scheduled Caste.