RAJIVE NANDAN MOURYA Vs. STATE OF BIHAR BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dtd. 30/7/2018 passed by the Under Secretary, Water Resources Department, Government of Bihar, Patna (Annexure-5), whereby and where-under the petitioner has been inflicted with the penalty of dismissal from service, as also the notification dtd. 7/8/2019, issued by the Under Secretary to the Govt., Water Resources Department, Govt. of Bihar, Patna whereby and whereunder the review petition filed by the petitioner has been rejected. The petitioner has also prayed for quashing of the enquiry report dtd. 22/10/2017. Consequently, it has been prayed for directing the respondents to pay all the consequential benefits for the period of suspension and dismissal.

(2.) The brief facts of the case are that the petitioner was appointed on the post of Assistant Engineer on 23/6/1987 pursuant to an advertisement bearing Advertisement no. 93/85 issued by the Bihar Public Service Commission (hereinafter referred to as "the Commission", wherein it was provided that those candidates, who fall under the reserved category of Scheduled castes and Scheduled Tribes of other States will be entitled for reservation, if their caste of SC/ST has been notified in the State of Bihar by a presidential order. The petitioner belongs to the caste "Chamar" and falls under the Scheduled Caste category, both in the State of Uttar Pradesh as also in the State of Bihar. The father of the petitioner was inhabitant of Uttar Pradesh but he was posted in the State of Bihar for a very long time, being in the service of Indian Railways and had also solemnised marriage with his wife belonging to the district Saran, now Siwan. The petitioner is stated to have studied in the State of Bihar till Class-8, whereafter he had studied and completed his intermediate course from Kushinagar, U.P. and had then obtained Engineering degree from Gujarat.

(3.) It is the case of the petitioner that he had validly and legally joined service in the year 1987 on the post of Assistant Engineer, Water Resources Department, Government of Bihar, Patna and then he was promoted to the post of Superintending Engineer. It is stated that a complaint was made by the President of All India Equality Forum that the petitioner is by caste "Chamar" of Uttar Pradesh but he has been given promotion on the post of Superintending Engineer in the State of Bihar, where-after the Principal Secretary, Water Resources Department, Government of Bihar, Patna had cancelled the promotion of the petitioner vide notification dtd. 22/11/2007, which was challenged by the petitioner before this Court by filing a writ petition bearing CWJC No. 16097 of 2007, but the same was dismissed vide order dtd. 4/3/2009. The petitioner had then challenged the said order dtd. 4/3/2009 along with other similarly situated persons by filing Special Leave Petition bearing S.L.P. (Civil) No. 7854 of 2009. As far as the case of the petitioner is concerned, the Hon'ble Apex Court vide order dtd. 25/8/2014 had remanded the matter of the petitioner back to the High Court for fresh consideration in view of the new plea taken by the petitioner before the Hon'ble Apex Court that his case was that of involuntary migration due to employment of his father in the State of Bihar and on account of him being born and brought up in the State of Bihar, resulting in him suffering the same disability particular to his caste. In such view of the matter, the Hon'ble Apex Court had also directed the High Court to verify the resident and caste claim of the petitioner, by an appropriate authority, before hearing the matter.