RUDRA SUKLA BAIDYA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. Khound, learned counsel, appearing on behalf of the petitioner. Also heard Mr. A. Sarma, learned counsel, appearing on behalf of the respondent No. 4; and Ms. U. Sharma, learned counsel, appearing on behalf of respondents No. 5, 6, 7 and 8.

(2.) The challenge in the present proceeding is to an order, dtd. 8/7/2022, passed by the General Manager (HR), Indian Oil Corporation Limited, AOD - Digboi Refinery, terminating the service of the petitioner on the ground that he had secured appointment in the organization, basing on a caste certificate, which, on verification, was found to be a fake.

(3.) The facts, in brief, requisite for adjudication of the issue arising in the present proceeding, is noticed, as under: The petitioner, herein, in pursuance of an Advertisement, dtd. 25/10/2019, issued by the Indian Oil Corporation Limited, inviting application from candidates for engagement as apprentices at Assam Oil Division, Digboi Refinery, had submitted his application and on his such selection, he was, vide order, dtd. 28/1/2020, offered engagement as Trade Apprentice Attendant Operator (Chemical Plant). Thereafter, the Indian Oil Corporation Limited had issued an Advertisement, dtd. 21/9/2021, inviting applications, amongst others, for 45 vacant posts of Junior Engineering Assistant in different heads. The petitioner, in pursuance of the said advertisement, had submitted his application for recruitment against the post of Junior Engineering Assistant-IV(Production). The petitioner having come out successful in the selection process, he was issued with the offer of appointment, dtd. 28/12/2021. The petitioner, herein, in terms of the said appointment order, joined his services. It is to be noted that the recruitment of the petitioner, herein, was against a post reserved for the Scheduled Caste Community and the petitioner, in this connection, had relied upon a Certificate, dated 20-062007, wherein, he had been certified to belong to a Scheduled Caste Community, being a member of the "Dhobi Community". In terms of the stipulations made in the advertisement, dtd. 21/9/2021; the Scheduled Caste certificate furnished by the petitioner, herein, was forwarded by the authorities of the Indian Oil Corporation Limited, to the Office of the Sub-Divisional Officer(Civil), Sadiya, for verification. The said certificate came to be, thereafter, forwarded to the Sub-Divisional Schedule Caste Development Board Sadiya, Chapakhowa. The said Board, on verification of the Certificate, had intimated the Additional Deputy Commissioner, in-charge, Sadiya Sub-Division, vide communication, dtd. 23/5/2022, that the Certificate submitted by the petitioner, herein, was not issued by the Sub-Divisional Schedule Caste Development Board Sadiya, Chapakhowa. The said aspect of the matter was informed to the authorities of the Indian Oil Corporation Limited by the Office of the Sub-Divisional Schedule Caste Development Board Sadiya, Chapakhowa, vide communication, dtd. 25/5/2022, and therein, it was stated that the Chairman, Sub-Divisional Schedule Caste Development Board Sadiya, Chapak-howa, had stated that the certificate was not issued by the said Board and further, it was also highlighted that the said Certificate was also not so issued from the Office of the Sub-Divisional Officer(Civil), Sadiya. On receiving the said communication, dtd. 25/5/2022; the authorities of the Indian Oil Corporation Limited, vide communication, dtd. 15/6/2022, required the petitioner to explain as to why appropriate action as per paragraph 17 of his appointment letter, dtd. 28/12/2021, shall not be taken against him in view of the fact that the Scheduled Caste Certificate, basing, on which, he was so recruited against the post of Junior Engineering Assistant-IV (Production); was held to be a fake one by the issuing authorities. The petitioner submitted his explanation, vide communication, dtd. 24/6/2022, in response to the communication, dt. 15/6/2022, and in the said explanation; the petitioner had contended that the Certificate, in question, was procured by one of his near relatives when he was a minor and he had submitted the said certificate during the period of recruitment, bona fidely, believing that the same is a genuine one. The petitioner had, accordingly, prayed for exoneration from the stipulations as contained in clause 17 of his Order of Appointment. The authorities of the Indian Oil Corporation Limited, on consideration of the explanation submitted by the petitioner, proceeded vide communication, dtd. 8/7/2022, to terminate his services on the ground that the said Caste Certificate so submitted by him, was a fake one. Being aggrieved by the said order of termination, dtd. 8/7/2022, the petitioner, herein, has instituted the present proceeding.