BIHAR STATE ELECTRICITY BOARD Vs. AJAY KUMAR PRASAD

JUDGEMENT

(1.) We have heard learned counsel for the appellants and the respondent. The present appeal arises from order dated 18.10.2012 allowing C.W.J.C. No. 15328/12. The Memo of Charge dated 9.2.2012 and the order communicating it have been quashed on the ground that the respondent had earlier been exonerated in a departmental proceeding of the same charges. There was no statutory provision for review of the decision under the Civil Services (Classification, Control and Appeal) Rules, 1930. The pendency of criminal proceeding on the same charge was held to be an entirely different matter not interfered with.

(2.) A memo of charge dated 5.2.2000 was served on the respondent. The substance of the charge was that he had obtained appointment and promotion on a forged caste certificate as belonging to the 'Mahar' Harijan caste. He belonged to the 'Sudi' caste. His late father, at the time of school admission on 1.1.1965 had stated the caste status of respondent as 'Sudi'. After the authorities started enquiry about his caste status including Vigilance, the respondent is alleged to have made his original papers and files to disappear from the office so that no further enquiry could be made. Another charge related to a false certificate for having vacated the residential quarter.

(3.) The enquiry report was submitted on 24.2.2004. The enquiry officer held as follows:--