AMAR AARON Vs. BANK OF INDIA

JUDGEMENT

(1.) We have heard Learned Counsel for the Appellant and the Respondents. The issues for decision in this batch of cases are integrally connected, have a bearing on each other, and the parties are the same. We have therefore heard the cases together and are disposing it by a common order. The core controversy is the caste certificate of Sri Amar Aaron (for convenience referred to as "the employee.) as Scheduled Tribe (Kisan) and the consequent termination of his service by the Bank on the allegation for having secured appointment on a false caste certificate.

(2.) The Sub-Deputy Collector, Munger on 16.10.1973, issued a Caste Certificate to the employee as belonging to Scheduled Tribe (Kisan). The District Welfare Officer, Munger, issued Caste Certificate no. 1060/73 dated 18.10.1973 in the prescribed format, which stated that he "belongs to Sub-caste which is recognized as Scheduled Caste in the Scheduled Castes and Scheduled Tribes list Modification Order 1956". The employee is stated to have been a minor aged approximately 15 years that point of time. Unlike the former certificate, the latter is ambiguous. It does not state that he belonged to any specified Scheduled caste, much less the name of any sub-caste. It also mentions the words Scheduled Tribe.

(3.) The Bank issued an Advertisement in 1976 for Class-III posts which the employee joined in 1978. He mentioned his caste status as Scheduled Tribe (Kisan) and furnished Caste Certificate No. 1060/73 dated 18.10.1973. The Bank required him to submit a fresh caste certificate issued by an officer not below the rank of a Sub-divisional officer. On 15.07.1976 the Sub-Divisional Officer, Sadar, Munger, issued Certificate No. 253 of 1976 certifying him to be Scheduled Tribe (Kisan) recognized as Scheduled Tribe under the Scheduled Tribes (Modification Act, 1956). The Sub-Divisional Officer, Sadar Munger, on 18.01.1985 confirmed having issued the Caste Certificate No. 253 of 1976 dated 15.07.1976. These certificates were submitted to the Bank.