Achintya Malla Bujor Barua,J. - (1.) Heard Mr. R.P. Sarma, learned senior counsel for the appellant. Also heard Mr. G.N. Sahewalla, learned counsel for the respondents.
(2.) The petitioner was appointed as Assistant Technician (Electrical) as per the memorandum dated 22.01.1996 against the vacancy reserved for ST candidates and subsequently was promoted to the post of Junior Technician (Electrical) w.e.f. 01.01.2003. on 14.09.2007, the GM Head HR ER/Support Manager of respondent ONGC issued a show cause notice to the petitioner asking him to show cause as to why he should not be terminated from service as the caste certificate which was germane to his initial appointment was found to be not in order by the District Authorities. Reference was also made in the show cause notice that there was a direction by the High Court of Delhi in WP(C) 5976/2003 that the caste certificates submitted by the petitioner were required to be sent for re-verification by the concerned District Authorities. The petitioner submitted his reply dated 24.09.2007, wherein he took the stand that certain interested parties are objecting that he is not a member of the Sonowal Kachari Community and reported that he does not belong to the Sonowal Community which is a Schedule Tribe in the State of Assam. It is stated that his grandfather had migrated to their village Namati Tai-rai gaon, which is a settlement of the Ahom Community and in order to facilitate an easy mix up with the community of the village the family had altered their sur name to Gogoi and deleted the sur name Sonowal. Consequence thereof, an order dated 15.11.2011 was issued by the GM-Head HR/ER& SM of the respondent ONGC by which the petitioner was terminated from service with immediate effect. In Clause-4 of the order of termination of 15.11.2011, the respondent authorities took note of an enquiry report dated 31.08.2005 of the Executive Magistrate, Nazira wherein, an earlier report of the Circle Officer, Nazira dated 19.08.2005 was referred. It was taken note of that the report of the Circle Officer shows that the father of the petitioner belonged to the Ahom Community and not Schedule Tribe Community. Another report of the Sub-Divisional Officer, (Civil), Nazira dated 28.04.2010 was also taken on record, wherein, it was stated that the petitioner did not belong to the Schedule Tribe community and he belonged to the Ahom Community.
(3.) On the basis of the enquiry report of the Executive Magistrate dated 31.08.2005 the report of the Circle Officer dated 19.08.2005 and the report of the Sub-Divisional Officer (Civil) dated 28.04.2010, the respondent authorities arrived at the conclusion that the petitioner did not belong to the Schedule Tribe Community and accordingly terminated his service. In the reply affidavit of the respondents, the enquiry report of the Executive Magistrate dated 31.08.2005 has been brought on record. It is taken note of that the said report is in respect of many other person including the writ petitioner and the report in respect of the writ petitioner is extracted below:- "i. In respect of Shri Pronob Jyoti Sonowal Gogoi, it could not be ascertained whether the ST certificate was issued from this office as the concerned register could not be traced as stated by the D.A. in file No.NZR/C/ST(P)21/96-98 ii. All certificates as produced by Shri Pronob Jyoti Sonowal Gogoi, at the time of enquiry (Provisional certificate as issued by Principal, Nazira H.S. & M.P School Dtd. 6 th August/1982, Provisional certificate issued by principal Gargaon Colege, Dtd 05-01-1994, Provisional certificate as issued by Principcal, I.T.I Jorhat 1988 bears the name as PRONOBJYOTI GOGOI s/o shri BIRESWAR GOGOI (Original certificates produced and photocopies submitted) He further stated in this statement that his father's name is Shri Bireswar Gogoi, and his grand father's name was Late Bapuram Gogoi, and his brothers name is Shri Debojyoti Gogoi. As per report of Circle Officer, Nazira vide letter No. NRC/125/2000/378 dtd 19 th Aug/2005 Shri Bireswar Gogoi F/O Shri Pronob Jyoti Gogoi belongs to Ahom (OBC) Community and not S.T. (copy enclosed) iv. As per report of Govt. Pleader, Govt. of Assam, Sivasagar, vide letter No.GPS.13/2005 Dtd. 22-8-2005, one cannot change his/her caste by swearing affidavit and therefore the caste certificate as issued by the Chairman, sub-Divisional Schedule-Tribes development Board, Nazira was not proper and contrary to law. (copy of affidavit attached and the copy of Govt. Pleader's report also attached herewith v. Report as sought for from Chariman, ST Board vide letter No.NXR/MJ-12pt1/2003/4134 Dtd. 22-8-2005 has not been received till filing of this report." ;