SHISHIR KUMAR, J. - (1.) THE present writ petition has been filed for quashing the order dated 4 -11 -1995 (Annexure -12 to the writ petition) passed by the respondent. Further prayer is for issuing a writ in the nature of mandamus directing the respondents to treat the petitioner in service.
(2.) THE facts arising out of the present writ petition are that the petitioner was serving as Assistant Grade -II in the U.P. Financial Corporation. An advertisement was made for the post of Assistant Grade -II in the Financial Corporation. The petitioner being a scheduled caste candidate has made an application for the post, mentioning his qualification, category and a certificate of scheduled caste. Alongwith the application a certificate dated 13 -8 -1981 was appended which was issued by the Tahsildar Tehsil Kanpur Sadar certifying that the petitioner belongs to Manjhwar caste in terms of Government Order dated 27 -7 -1987. The petitioner was selected for the post of Assistant Grade -II giving benefit to the petitioner as scheduled caste candidate and the petitioner was given an appointment on 28 -10 -1989 and joined the post on 7 -11 -1989. There was some uncertainty regarding the issuance of the certificate. The District Magistrate sent a letter to Manjhwar Samiti for certifying that the petitioner belongs to a schedule caste. It has also been submitted that the Census of 1991 includes the Manjhwar Community as Scheduled caste. Another certificate was directed to be submitted by the petitioner for the petitioner's residence as the earlier certificate, which was submitted by the petitioner was issued from District Kanpur. As the original residence of the petitioner was at Tahsildar Bilgram, District Hardoi, as such, the petitioner has applied for issuance of a certificate from Bilgram and after due enquiry the certificate was issued, that the petitioner belongs to a scheduled caste candidate and Manjhwar is a scheduled caste community. The said certificate was deposited with the respondent. It is also submitted that the petitioner was made confirmed on the said post. It appears that after a lapse of five or six years on the basis of some unanimous complaints, which were received by the District Magistrate, alleging that the petitioner belongs to 'Kisan' caste, which was a backward community and the certificate, which has been obtained by the petitioner is not correct. The said complaint was sent by the District Magistrate to the U.P. Financial Corporation. Copy of the same has been annexed as Annexure -8 to the writ petition. It has further been submitted that a copy of the complaint has never been given to the petitioner nor has been disclosed the name of person, who has sent a complaint against the petitioner. It appears that on the basis of the aforesaid letter of the District Magistrate, Hardoi a show -cause notice was issued to the petitioner stating therein that after enquiry it has been found that the petitioner does not belong to scheduled caste community and petitioner belongs to 'Kisan' category, which is as per Government Order dated 26 -3 -1986 comes under the backward class. The reliance has been placed upon the report of the District Magistrate dated 20 -4 -1995. The petitioner has submitted his reply of the show -cause notice. A reply to the show -cause notice has been annexed as Annexure -10 to the writ petition. In the defence the petitioner has submitted his certificate issued by the Tahsildar, Kanpur and certificate of Tahsildar Bilgram, District Hardoi, testifying that the caste of the petitioner is Manjhwar. The further submission of the petitioner is that the petitioner has clearly stated in his defence that there are two conflicting reports from the same authority, therefore, proper investigation be made and unless and until the earlier certificate issued in favour of the petitioner is cancelled, it cannot be treated that the certificate which has been issued in favour of the petitioner is by misrepresentation or any fraud has been played by the petitioner. But the reply of the petitioner has not been considered and by order dated 4 -11 -1995 the services of the petitioner has been terminated on the ground that petitioner is guilty of committing an act of concealment facts, criminal breach of trust and cheating the Corporation and as such, cannot be retained in service.
(3.) IT has been submitted on behalf of the petitioner that the petitioner at any point of time was never informed regarding the complaint, which was from an unknown person and when it being exposed to any contest or challenge by the petitioner, it cannot be taken into consideration. The petitioner at no point of time was ever supplied the copy of the complaint and he should have been given an opportunity of contesting the contents of the complaint. It has not being disclosed as to how the investigation was made and on what basis the petitioner has been described belonging to 'Kisan' caste. The 'Kisan' is a term of wide amplitude and anyone who carries on agricultural operation and whose vocation is agriculture, he is in common parlance describes as 'Kisan'. The earlier certificate issued by the Tehsildar of two Districts Kanpur and Hardoi were certified by the District Magistrate then under what circumstances the said certificate has become false. It has also been submitted on behalf of the petitioner that the action of the respondent terminating the services of the petitioner is against the principle of natural justice as the petitioner has not been given any opportunity of being heard on the basis of unknown complaint, which is the foundation of the order of termination.;