DHARMNATH RAM Vs. HINDUSTAN STEEL CONSTRUCTION WORKS LTD

JUDGEMENT

(1.) Heard counsel for the parties. The petitioner herein has challenged the order of his dismissal from service dated 10th of August, 1999 (Annexure-8) primarily on two grounds. The first ground is that for allegation of having produced a false caste certificate of Khairwar, a Scheduled Tribes Category, he was proceeded against in a departmental inquiry vide Annexure-1 dated 20th of August, 1981 and was punished vide order dated 25th November, 1983 (Annexure-2) whereunder he was reduced by one grade to the post of Assistant Store-keeper.

(2.) It is submitted that for the same set of charges of having produced the false certificate, he has once again been proceeded against in a departmental inquiry initiated on 3rd of February, 1997, as such, he has been punished twice for the same charges. The second ground for assailing the same is that the petitioner has produced a certificate of Khairwar, which is a Scheduled Tribes Category Caste notified in the State of Bihar by Presidential Notification dated 29th of October, 1956 and therefore, he has not falsely represented to obtain any service benefit under the respondents which justify the punishment against him. Additionally, the petitioner has also raised a ground that the departmental proceeding has been concluded ex parte without affording him adequate opportunity of hearing and to defend himself.

(3.) The petitioner was appointed as Storehand in the year 1971 and thereafter, was promoted as Storeman in t972 and again promoted as Assistant Store-keeper in 1977 and in the year 1980, he was promoted as Store-keeper. Thereafter, proceedings were initiated against him vide Annexure-1 dated 20th of August, 1981 on the grounds that he had obtained a caste certificate dated 30th September, 1980 from the City Magistrate showing his caste as Khairwar, a Scheduled Tribe and on the basis of that, got his promotion from Assistant Store-keeper to Store-keeper vide office order dated 30th September, 1980 against the vacancy reserved for Scheduled Tribe candidate. The Statement of allegations which were enclosed with the charge-sheet allege that he had joined HSCL on 16th February, 1971 as Storehand. He got all his promotion up to Assistant Store-keeper as a general candidate and not against the scheduled tribe candidate. In his personal data form submitted under his signature on 25th January, 1974, he did not disclose that he is a member of scheduled tribes or scheduled castes candidate. The Block Development Officer, Barhara, Bhojpur after official inquiry. confirmed that the petitioner is Kahar (Rawani), which comes under the backward class category and not scheduled tribes category. However, he had furnished a false certificate on 30th September, 1980 and got the promotion on the basis of that. On the charges having been established, he was punished with reduction to the grade of Assistant Store-keeper vide order dated 25th of November, 1983. The second proceeding under which the impugned order of dismissal has been passed, was initiated on 3rd of February, 1997. The imputation of charges allege that the petitioner was Kahar which is a backward class. In spite of that, he obtained the scheduled tribes certificate of Khairwar caste from the Block Development Officer, Barhara and Sub-Divisional Officer, Sadar, Arrah in 1993 in a wrongful manner and submitted it to the authorities claiming promotion under reserved quota. Thereafter, detail verification were carried out which confirmed that he is a Kahar by caste and does not belong to the scheduled tribes category.