PHUKAN DEORI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R. Mazumdar, learned counsel for the petitioner and Mr. G. Pegu, learned counsel for the respondents on 09.07.2019. None appears on call today, i.e. 14.11.2019.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has challenged his removal from service as Constable (General Duty), Central Industrial Security Force (CISF for short).

(3.) The case projected by the learned counsel for the petitioner is that the petitioner was issued a caste certificate by the Deputy Commissioner, Changlang, Arunachal Pradesh, stating that the petitioner belonged to Schedule Tribe Community. Pursuant to a recruitment drive, the petitioner was selected and by letter dated 03.04.2004, the petitioner was offered appointment to the post of Constable (GD) in CISF. It is projected that after long unblemished service, the Commandant, CISF Unit Bongaigaon had issued a Memorandum of Charges dated 28.09.2012 together with Article of Charges, etc., to the effect that the petitioner had misled the CISF authorities showing himself as ST candidate and succeeded in getting appointment in quota for the ST Candidates of Arunachal Pradesh though he was not a ST candidate from the said State. The Enquiry Officer as well as Presenting Officer were appointed by a communication dated 19.10.2012. The Enquiry Officer had conducted preliminary hearing on 03.11.2012. It is submitted that the original caste certificate dated 16.08.1989 had been retained by the CISF authorities, as such, the petitioner had approached the Office of the Deputy Commissioner, Changlang and accordingly, the Extra- Assistant Commissioner, Diyun, District- Changlang, Arunachal Pradesh had issued another certificate dated 12.10.2012, certifying that the petitioner belongs to Deori Caste/ Tribe which is recognized as a Schedule Tribe in the State of Arunachal Pradesh. However, in the enquiry proceeding, the Enquiry Officer had relied on a letter dated 28.03.2012 issued by the Extra Assistant Commissioner (J), Changlang by which the said authority had certified that (i) a fraction of "Deori" community normally resides at Bordumsa Sub- Division under Changlang District, and (ii) "Deori" community is not recognized as Schedule Tribe of Arunachal Pradesh and accordingly, on the basis of evidence produced by the prosecution and materials on record held that the Article of Charges No.1 against the petitioner stands proved. The said Enquiry Report by the Enquiry Officer was submitted on 09.01.2013. Thereafter, on 12.01.2013, the impugned order of removal from service was passed by the Commandant, CISF Unit IOCL, Bongaigaon. Thereafter, on 31.01.2013, the petitioner had preferred an appeal before the Deputy Inspector General, CISF, North Eastern Sector, Kolkata against the order of removal from service. The said authority, by the impugned order dated 16.03.2013, dismissed the appeal filed by the petitioner. Accordingly, both the impugned orders dated 12.01.2013 and 16.03.2013 are impugned in this writ petition.