STATE OF RAJASTHAN Vs. SHRI KHEEMA RAM

JUDGEMENT

(1.) The State appeals a decision of a learned Single Judge, contending that it is erroneous insofar as it set aside the penalty of dismissal imposed upon respondent/writ petitioner. The writ petitioner was working as Assistant Teacher in the State of Rajasthan, having entered its service on 27/6/1962. At the time, he claimed Scheduled Caste status in the terms of Scheduled Caste Presidential Order of 1950, [hereinafter "the Presidential Order"] as amended by the Scheduled Caste and Scheduled Tribe (Amendment) Act, 1976 [hereinafter "the 1976 Act"]; as one belonging to the Rawal caste. This community is shown as a Scheduled Caste in Item No. 50 of the list relating to the State of Rajasthan, in the Presidential Order, so far as it relates to Rajasthan and it was so continued in the 1976 Act.

(2.) The writ petitioner progressed further in his career and was promoted to the post of Headmaster on 6/10/1983 and was confirmed on that post on 5/8/1987. He retired from service on 14/3/1997.

(3.) During the course of service, on 21/2/1990, the writ petitioner was issued with a charge sheet proposing major penalty on the ground that he secured promotion as Headmaster -- a post reserved for Scheduled Caste Category, by submitting a false Caste Certificate as 'Rawal'. The Inquiry was continued with the permission of the Governor after the age of superannuation, resulting in a report, which held to imposition of penalty of dismissal from service and forfeiture cent percent pension. He, therefore, approached this Court in the year 2004.