BHUTO DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Brief facts necessary for the adjudication of this petition are as under:-

(2.) During the pendency of the petition before the learned Tribunal, Shri Amin Chand died and present petitioners, who are legal representatives of Shri Amin Chand, were substituted as petitioners. The grievance of the original applicant was that a memorandum was issued to him by respondent No.2, dated 28.06.2000 (Annexure A-2), alongwith Charge Sheet, seeking his response to the article of charges, which were to the effect that the original applicant had gained the job on the basis of a false Scheduled Caste Certificate, as the original applicant did not belong to the Scheduled Caste category.

(3.) Record demonstrates that the original applicant refuted the allegations and submitted his response. However, as the Disciplinary Authority was not satisfied with his response, therefore, disciplinary proceedings stood initiated against original applicant for imposition of a major penalty upon him. An Inquiry Officer was appointed, who submitted his Inquiry Report, copy of which is appended with this petition as Annexure A-11. The Inquiry Officer came to the conclusion that the original applicant had not taken any undue gain of the Scheduled Caste Certificate and though he had submitted such certificates to the department concerned, however, he had not taken any benefit of the same. It was further the findings of the Inquiry Officer that an earlier certificate, which stood issued, was to be deemed to have been cancelled on account of the ambiguities attached therewith. It was further the findings of the Inquiry Officer that whatever had happened was a result of the ambiguity which existed in the Rules.