UMESH CHANDRA DIGAL Vs. BANK OF INDIA, REPRESENTED THROUGH ITS CHAIRMANCUM-MANAGING DIRECTOR, MUMBAI AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed against the order dated 19.10.2005 passed by the Chief Manager & Disciplinary Authority, Bank of India, Bhubaneswar whereby and whereunder the punishment of dismissal from service has been inflicted upon the petitioner and also the appellate order dated 31.1.2006 passed by the Assistant General Manager & Appellate Authority, Bank of India, Bhubaneswar whereby the order of dismissal has been affirmed, are under challenge.

(2.) The brief fact of the case is that the petitioner while serving as Daptari in the Bank of India at its Khetribarpur Branch in the district of Ganjam was served with a Memorandum dated 7.5.1990 alleging therein that being Christian, got the job as Armed Guard in the Bank on the strength of the Scheduled Caste candidate by producing a Scheduled Caste Certificate dated 8.8.1978 obtained from the Tahasildar, G. Udayagiri, produced a false transfer certificate dated 20.7.1996 bearing No.38 wherein his qualification was falsely shown as "Class-X passed" and the age shown by falsely putting date of birth as '1.6.1951' instead of actual date of birth as per school record, i.e., 3.7.1944. On the basis of this allegation, a departmental proceeding has been initiated, since the allegation leveled has been said to be misconduct in terms of Clause-19.5(m) of the bipartite settlement dated 17.9.1984.

(3.) Learned counsel for the petitioner contends that the petitioner has not been appointed against the Scheduled Caste category quota and as such, his removal from service on the basis of caste is not sustainable in the eye of law.