RAJA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS order shall dispose of two petitions which are directed against order dated 24.05.2005 rendered by the Central Administrative Tribunal handigarh (Circuit Bench at Jammu), ( for brevity 'the Tribunal?). The Tribunal has rejected the claim made by the petitioners, namely, that the enquiry proceedings conducted against them were liable to be set aside and the consequential order of their dismissal was liable to be quashed. In nut shell the Enquiry Officer has found that the petitioners have fabricated the caste certificates in order to lay claim to the post of Postal Assistant and Railway Mail Sorting Assistant.

(2.) IN order to appreciate the controversy it would be first necessary to notice few facts. The Jammu and Kashmir Postal Circle issued an advertisement notice on 04.03.1982 for recruitment of Postal Assistants and Railway Mail Service Sorting Assistants. Out of the vacancies for the post of Sorting Assistants, 44 posts were to be filled up from General category, 10 from Scheduled Caste category, 7 from Scheduled Tribe category, 7 from ex -service category and 2 from physically handicapped category. All the applicants were required to be registered in any of the Employment Exchange in the State of Jammu and Kashmir for appointment to the post of Sorting Assistant. However, in respect of vacancies meant for Scheduled Tribe candidates the residents of other states registered at their respective Employment Exchanges were also eligible to apply. The concession appears to have been extended for the reason because in the State of Jammu and Kashmir there were no Scheduled Tribe candidates available in the year 1982. Both the petitioners belong to State of Uttar Pradesh and were obviously not eligible to apply in any other category indicated in the advertisement notice. Accordingly they applied in the prescribed proforma under the Scheduled Tribe category by claiming that a valid certificate of ST caste has been issued in their favour by the competent authority at Dadri (U.P). The certificates depicted that the petitioners belong to Baheliya caste which is Scheduled Tribe in the state of Uttar Pradesh. On the aforesaid claim the petitioners were selected against the post meant for Scheduled Tribe candidates. They were accordingly deputed for training to the Postal Training Centre and on completion of their training both the petitioners were appointed on the post of Sorting Assistants. However, to the misfortune of the petitioners, respondents received complaints alleging that caste certificates submitted by the petitioners were fabricated documents and that they in fact belong to Baheliya caste which is Schedule Caste and not Scheduled Tribe caste. A thorough enquiry was conducted and the respective Tehsildars, who had issued the caste certificates, were also contacted. Even notification from the State Government with regard to Baheliya caste was obtained to see whether it is Scheduled Caste or Scheduled Tribe. It was prima facie found that the caste certificates were fake and were not authenticated documents because none of the petitioners belong to Scheduled Tribe category.

(3.) ON the basis of the aforesaid enquiry report the Disciplinary Authority disagreed with the findings recorded by the Enquiry Officer in para 6 of the report. Accordingly, a dissent note was issued to the petitioners on 01.09.1999 (Annexure -E) along with a copy of the enquiry report. The dissenting note and the show cause notice dated 01.09.1999 is set out below in extenso: - "SHOW CAUSE NOTICE Memo No. SRM/Con/20 Dated: 01.9.1999 A Photostat copy of Inquiry Report submitted by I. O, Shri P. C. Pratihari Assistant Director General (LI) a Inquiring Authority dated 9.7.99 comprising 10 pages is supplied herewith to you in Rule -14 case against you under this office Memo No. SRM/Con/20 dated 10.04.1992. The undersigned do not agree with the Inquiry Report under para 6 ibid in which the IO has not taken cognizance of Exhibit document no. 6 i.e., letter no. 57 dated 03.11.89 from Tehsildar Dadri, District Gaziabad (U.P) intimating non issue of Scheduled Tribe Certificate dated 15.4.80 in your favour and has totally declared fake and forged case. As such, it is proposed to award any one of the major penalties as specified in CCS(CCA) Rules 1965 against you and you are hereby given an opportunity to make any representation, if any within 15 days from receipt of this Show Cause Notice where after no reminder will be issued Please acknowledge receipt. "