Arun Tandon, J. - (1.) Heard Shri T.P. Singh, Senior Advocate assisted by Shri A.P. Srivastava on behalf of the petitioner and learned Standing Counsel for the State -respondents. Petitioner Rajendra Prasad Gupta was appointed as Additional Money Lending Clerk on 6.10.1977 in Collectorate District Varanasi. The services of the petitioner were terminated, under order of the District Magistrate dated 30.9.1983 on the ground that the petitioner had obtained the appointment on the basis of his being a member of Scheduled Caste and which he was not. Not being satisfied by order so passed by the District Magistrate, the petitioner filed Claim Petition No. 302(1) of 1983 before the U.P. Public Service Tribunal, Lucknow. It was contended that his services had been terminated without holding any departmental enquiry and the order was punitive in nature. Counter affidavit was filed by the authorities and it was submitted that the petitioner was appointed as Clerk on temporarily basis in the background that he was a member of the Scheduled Caste, his name was also recommended as Scheduled Caste candidate by the Employment Exchange. The Selection Committee selected the petitioner treating him to be a member of Scheduled Caste. It was stated that the petitioner had applied for this post claiming to be member of Scheduled Caste. The fact qua petitioner being a member of Scheduled Caste was found to be false and since the petitioner was only temporary employee, his services were terminated as per rules without notice.
(2.) The Tribunal decided the claim petition vide order dated 12.7.1984 and it was held as follows: It is also undisputed fact that the petitioner applied for the post as a member of the Scheduled Caste. His name was recommended by the District Selection Committee treating him to be a member of the Scheduled Caste. He was thus appointed on the reserved quote. The Tribunal in its last paragraph also specifically noticed that the petitioner claims himself to be a member of the Scheduled Caste which was a serious matter and it is to be proved thoroughly, so that he may not be victimised in a slipshod (sic) or charged of obtaining a false caste certificate. It will be worthwhile to reproduce the last paragraph of the order of the Tribunal. We feel that the petitioner writes his name as Gupta, which is done by the members of the Vaishya Community. The petitioner, however, claims himself to be a member of the Scheduled Caste. This is a serious matter and needs to be probed thoroughly, so that a person may not be a victimised in such a slip shod manner or a person may not change his community by obtaining false certificate from the authorities who are not competent to do so in such a light manner. There is nothing on record indicate what action was taken by the authorities concerned against the Tehsildar, who had issued the certificate. We feel that such matters cannot be lightly brushed aside and it will be within the competence of the authorities concerned to take such departmental action in the matter as may be considered. The Tribunal accordingly set aside the order and permitted that, regular proceedings against the petitioner be taken in accordance with law.
(3.) Accordingly, a show cause notice was issued to the petitioner to which the petitioner submitted his reply. Pargana Adhikhari, Varanasi was appointed as the Enquiry Officer. Inquiry proceedings were concluded and report was submitted on 29.11.1990. On receipt of the inquiry report, a show cause notice dated 31.7.1991 was issued to the petitioner calling upon him to submit his reply to the inquiry report, Rajendra Prasad Gupta submitted his reply on 12.8.1991. In reply, it was stated that earlier Shri R.B. Singh Pargana Adhikari, Gyanpur was appointed enquiry officer, who submitted his report on 13.2.1985 exonerating the petitioner of the two charges. It is admitted that a second show cause notice dated 31.7.1991 was received to which petitioner submitted his reply. The District Magistrate not being satisfied with the explanation, vide order dated 30.12.1991 held that the petitioner had obtained employment on incorrect facts. He was not a member of the Scheduled Caste category and, therefore, he has been dismissed.;