SHASHI BHUSHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajiv Ranjan, learned senior counsel for the petitioner and Mr. Anil Kumar, learned A.C. to S.C. (Mines-II) for the respondents.

(2.) The petitioner has preferred this writ petition for quashing the order dated 18.07.2008 issued by the respondent no. 2 whereby the respondent no. 2 has expressed his inability to verify the caste certificate of the petitioner at the same time illegally and wrongfully ordered that the appointment of the petitioner is illegal and has also refused to pay the salary of the petitioner and also for quashing the order dated 18.07.2008 by which the petitioner was terminated from his service without affording adequate opportunity of hearing.

(3.) Pursuant to advertisement issued by the Bihar Public Service Commission in the year 1998 for conducting first Regional Competitive Examination, 1998 for the various posts including for the post of Assistant/Clerk. The petitioner competed for that said post and the petitioner was also declared successful and his name found the place in the final result of scheduled tribe category candidates of Jamshedpur bearing advertisement no. 35/95. The name of the petitioner was accordingly recommended by the BPSC for making his appointment on Grade-III post. The Deputy Commissioner East Singhbhum, Jamshedpur issued appointment letter dated 15.09.2004 in favour of the petitioner. The petitioner was posted at Sub-Divisional Office, Dhalbhum, Jamshedpur and on 21.09.2004 he joined the office of the Sub-Divisional Officer. Thereafter, the petitioner was working in that post. It is contended that although the petitioner was working continuously but the petitioner was not paid salary and for that the petitioner moved before this Court for direction to the concerned authority to make the payment of salary in W.P.(S) No. 5661 of 2007. This petition was disposed of taking into account that some dispute relating to caste certificate is there and the said certificate yet to be verified. This Court directed the petitioner to "file representation before the Deputy Commissioner, Jamshedpur in the district of Singhbhum East, stating in details about his claim alongwith the supporting documents, if any, within a period of three weeks from today. If such a representation is filed by the petitioner within the said period, the Deputy Commissioner, Jamshedpur shall on consideration of facts may pass an appropriate order in accordance with law within a period of 8 weeks thereafter. It is made clear that I have not gone through the merit of the claim of the petitioner. " In view of the above order passed by this Court, the Deputy Commissioner passed the order dated 05.08.2008 annexed as Annexure-16 to the writ petition in which the Deputy Commissioner, Jamshedpur has categorically stated that the certificate produced by the petitioner is forged and the petitioner has not produced the relevant documents so that his caste be ascertained properly. The validity of the order was also challenged in this writ petition. Mr. Rajiv Ranjan, learned senior counsel appearing for the petitioner submits that once the certificate is issued by the competent authority, the Deputy Commissioner has got no authority to question that certificate. Particularly, when the certificate is issued by the State of Jharkhand. To substantiate his argument he relied upon the case of Kavita Kumari Kandhaw and Ors. Vs. State of Jharkhand and Ors. reported in 2006 Vol. II JCR 512 (Jhr.) paragraph no. 14 of the said judgment stipulates as under:-