SANJOY SARKAR Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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AKIL KURESHI,J. -
(1.) Petitioner has challenged an order of dismissal passed by the disciplinary authority as upheld by the appellate authority.
(2.) Brief facts are as under :
The petitioner was offered appointment as a Riflemen(GD) in Tripura State Rifles(TSR) under order dated 31st December, 2005. According to the department, the petitioner had secured such appointment on the ground that he belonged to Scheduled Caste(SC) community. He, however, had to produce the SC certificate which he promised to do later. The department reminded him about non-production of the certificate despite which he did not supply his certificate of his belonging to SC community. Thereupon a departmental charge sheet was issued to him on 28th April, 2007 which contained three charges read as under :
'ARTICLES CHARGE FRAMED AGAINST NO.06020673 RIFLEMEN(GD)SANJOY SARKAR HQ/ADM COY OF 10TH BN TSR(IR-V) IN CONNECTION WITH DEPARTMENTAL PROCEEDINGS.
ARTICLE OF CHARGE NO ' 1 : No.06020673 Riflemen(GD) Sanjoy Sarkar HQ/ADM Coy of 10th Bn TSR(IR-V) claimed that he is belongs to Scheduled Caste category at the time of interview which was held at Kumarghat on 13.05.2005 before the board under the chairmanship of Sri Uttam Majumder, TPS-I, the then Commandant 7th Bn. TSR (Now Superintendent of Police, North Tripura District) by producing a Panchayat Family Registration Certificate with assurance that he would be able to produce valid SC certificate. But he has failed to produce the valid SC certificate till to date. Thus the act of No.06020673 Rfn(GD) Sanjoy Sarkar amounts to fraudulent means of cheating.
ARTICLE OF CHARGE NO ' 2 : No.06020673 Riflemen(GD) Sanjoy Sarkar HQ/ADM Coy of 10th Bn TSR joined in TSR on 20.01.2006 as a Riflemen(GD) against the existing vacancy of SC category vide Commandant 2nd Bn TSR office letter No.F.322/TSRII/ ESTT/RECT(Vac)/332 dated 31st December 2005 and he was asked in several time to produce valid SC certificate to prepare his Service Book. But he did not produce any valid SC certificate so far. Thus the act of No.06020673 Rfn(GD) Sanjoy Sarkar amounts to misconduct.
ARTICLE OF CHARGE NO ' 3 : No.06020673 Riflemen(GD) Sanjoy Sarkar HQ/ADM Coy of 10th Bn TSR tried to obtain SC certificate from the concerned authority whereas the said Riflemen(GD) Sanjoy Sarkar and his whole family members are belongs to 'Kapali' community with is notified as OBC category. Thus the act of No.06020673 Rfn(GD) Sanjoy Sarkar amounts to misconduct and further amounts to fraudulent means of cheating.'
(3.) According to the statement of the imputation of misconduct, the petitioner had appeared in the recruitment rally held on 13th May, 2005 at Kumarghat for selection to the post of Riflemen in TSR. His name was initially entered at Sl. No.23 in unreserved category. After qualifying in physical test he appeared in the oral test, during which he claimed that he belonged to SC category and in support of which he had produced a Panchayat Family Registration Certificate from the concerned Block which was signed by the Panchayat Secretary. He also assured the Chairman of the Recruitment Board that he would produce the valid SC certificate before the competent authority soon if he is selected. His request was considered and he was offered appointment to the post of Riflemen(GD) on SC vacancy but the petitioner failed to produce the SC certificate. It is further alleged that the petitioner had produced some photocopy of the Family Registration Certificate claiming that his parents belonged to SC category, however, from the inquiry it was learnt by the department that though the name of the father of the petitioner was recorded as SC category in family registration of the Block Development Officer's records, no documents in support of such recording were found.;
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