SANIKLAL MUKHIAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was working as Head Watchman in the FCI, Banderdewa. He was dismissed from service by the order dated 30.8.2002 issued by the Senior Regional Manager. Being aggrieved thereby, he has filed this petition.

(2.) I have heard Mr. G. Uzir, learned counsel for the petitioner and Mr. C. Choudhury, learned CGSC.

(3.) The petitioner was appointed as Watchman in the year 1972 as a General Category candidate and, as such, the petitioner was not shown as a member of the Scheduled Caste Community. Subsequently, the petitioner claimed to be a member of the Scheduled Caste Community and indicated this in the Cardex Form. By this manipulation, he got the benefit of selection grade as well as promotion. He was asked to submit original Scheduled Caste certificate. The petitioner did not produce the same and took the plea that all his household goods along with files containing the Scheduled Caste certificate were washed away in the flood of 1985. The FCI authority thereafter initiated the departmental proceeding and, on completion thereof, imposed the penalty of dismissal.