ABHAY NATH MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred for grant of an appropriate writ in the nature of certiorari or an order or direction for quashing the Notification issued under Memo No. 627 dated 6th September, 2000 whereby and whereunder the petitioner has been discharged from Bihar Agriculture Service Category -I from the post of Block Development Officer, Chainpur, Gumla. The facts in brief are set out as under:

(2.) THE petitioner was appointed as Graduate Instructor on 12.7.1977 and was later promoted to the post of Block Development Officer on 29.6.1987. It appears that the petitioner was suspended on 15.12.1994 under Rule 49 of the Civil Services Classification and Appeal Rules on the allegation that he had obtained the employment by giving a false caste certificate. Pursuant to a complaint the Deputy Commissioner, East -Singhbhum vide its letter dated 25.2.1991 directed the petitioner to produce the caste certificate and the residential certificate alongwith an affidavit. The suspension order followed based on the charge and the report since the petitioner had procured the services on the reserved quota of Scheduled Tribe on producing false certificate. It appears that a series of writ petitions were filed by the petitioner. Firstly C.W.J.C. No. 691 of 1992 (R) challenging letter dated 4.11.1991 followed by C.W.J.C. No. 45/99 (R) challenging the suspension order thereafter L.P.A. No. 36 of 1995 (R) was filed.

(3.) THE main contention raised by Shri V.P. Singh, learned Sr. Council appearing on behalf of the petitioner is that there was no proper enquiry and there was no opportunity to explain and even the second show -cause was not in the proper form. It has further been contended that the petitioner worked for 17 years during which he was also promoted and the same should have been taken into consideration before passing the order of dismissal.