RAJA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who was a constable in the Bihar Military Police IX, Jamalpur was dismissed from service on charges of gross indiscipline, cheating, getting appointment on a vacancy reserved for Scheduled Castes by concealing and misrepresenting his caste and for conduct-unbecoming of a good constable.

(2.) THE substance of the charge against the petitioner was that though he was the natural son of parents belonging to Barber (Nai) caste, at the time of appointment he fraudulently represented himself to belong to Dusadh caste (one of the Scheduled Castes) and was thus able to secure employment by cheating. As a result of his name being included in the list of Scheduled Castes constables, he also got a chance to participate in the Senior Promotion Course. Later, on enquiry being made at his home address, the fraud came to light. On the aforesaid charges, the petitioner was subjected to departmental enquiry No. 33 of 2000. THE petitioner admitted that he was indeed the natural son of parents who were Barber (Nai) by caste and the name of his father was Gyani Ram. However, he pleaded in defence that at the age of 9 years, he was adopted by one of the friends of his father, namely, Ramdeni Ram who was Dusadh by caste. He was brought up by Ramdeni Ram. He was the adopted son of Ramdeni Ram and as a result, his caste was converted from Nai to Dusadh. He further stated that he did not commit any concealment or fraud at the time of employment. In the departmental enquiry, he produced some materials and evidences that included certain affidavits and a VASIYATNAMA, dated 24.05.2002 executed by Ramdeni Ram, according to which the ritual of his adoption took place on 14.01.1966. He also filed a certificate issued from the Office of the B.D.O. on 30.11.2002 describing him as belonging to PASWAN caste.