SURENDRA KUMAR GOND Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in the present writ application is aggrieved by an order dated 25.10.2007 passed by the Commandant BN 147, CRPF, Silchar, Assam whereby he has been dismissed from service on the ground that he submitted a caste certificate to the effect that he belonged to Scheduled Tribe at the time of his appointment as Constable in Central Reserve Police Force (CRPF) which was found to be fake upon a subsequent enquiry. An order dated 29.4.2008 passed by the appellate authority affirming the order of the disciplinary authority is also under challenge in the present writ application. It is the petitioner's case that he belongs to Gond caste which is a Scheduled Tribe. He applied for the post of Constable (GD) in CRPF as Scheduled Tribe candidate and at the time of his recruitment he had submitted a caste certificate issued vide letter No. 472 dated 23.11.1996 from the office of the District Magistrate, Bhojpur, (respondent No. 6). After his selection against the vacancy reserved for Scheduled Tribe candidate, he joined duties in the year 2003 and started performing his duties.

(2.) On 4.1.2006, the petitioner was served with a notice asking his explanation, as regards the caste certificate submitted by him, justifying the veracity of the certificate submitted by him at the time of his appointment. The petitioner submitted his explanation on 6.1.2006. The respondents, thereafter, sought for a report from the Sub-Divisional Officer, Jagdishpur (respondent No. 7), who is said to have reported that the petitioner belonged to "Kanu caste". The petitioner terms the said report of the Sub-Divisional Officer, Jagdishpur (respondent No. 7) to be wrong reiterating his claim on the basis of caste certificate dated 23.11.1996 issued by the District Magistrate, Bhojpur, (respondent No. 6). According to him the certificate dated 23.11.1996 was issued by the District Magistrate, Bhojpur after thorough enquiry of the facts by all the concerned subordinate officers. After finding the caste certificate submitted by the petitioner at the time of his appointment to be fake, the disciplinary authority, i.e., the Commandant BN 147, CRPF (respondent No. 4) dismissed the petitioner from service.

(3.) It has been stated in paragraph 9 of the writ application that the petitioner, in course of enquiry, intended to adduce witnesses in support of his case but no opportunity was given to him.