AJAY KUMAR PRASAD Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS application has been filed for quashing the resolution dated 5.2.2000 (Annexure -8) whereby a departmental proceeding has been initiated against the petitioner.

(2.) WHILE petitioner was posted as an Assistant Engineer, Vigilance Case No. 2 of 1996 was registered against him. According to the allegation, at the time of appointment, petitioner submitted his caste certificate showing him as belonging to Mahar caste of Village Nainpur, district Mandala of the State of Madhya Pfadesh. Mahar is a scheduled caste in "the said State. He was appointed in the Bihar State Electricity Board, hereinafter referred to as the 'Board ', on a post reserved for the members of the scheduled caste. However, later on, it was found that the petitioner does not belong to Mahar caste but is Sudi by caste and belongs to Dalsinghsarai, a place in the State of Bihar. It was further alleged that the petitioner is the son of Late Baleshwar Prasad who was an Assistant Teacher in Railway Primary School, Nainpur and the petitioner was admitted in Class I of the said school and in the declaration form, caste of the petitioner was shown as Sudi. It was further alleged that the petitioner obtained forged certificate of belonging to Mahar caste and on that basis, secured appointment as an Assistant Engineer and later on, he was also promoted as Executive Engineer on the basis that he belongs to scheduled caste. Vigilance Department, after investigation, Shambhu Singh Versus State Of Bihar submitted the charge sheet dated 27.5.1998 against the petitioner. Further, by resolution dated 5.2.2000, the respondent Board had also initiated a departmental proceeding in respect of the same allegation.

(3.) . Aggrieved by the aforesaid order, respondent Board preferred A Division Bench of this Court, by order dated 21.2.2002, allowed the appeal, set aside the order of the learned Single Judge dated 6.9.2000 and remitted the matter back for a fresh decision. The Division Bench, while passing the said order, observed as follows: