D.K. Upadhyay, J. - (1.) HEARD Sri A.K. Verma, learned counsel for the petitioner and learned Additional Chief Standing Counsel representing the State -respondents.
(2.) IMPEACHING the order dated 15.01.2015, passed by the Superintending Engineer, Investigation & Planning, Circle -5 Annexe, Sichai Bhawan, Lucknow, this petition has been filed by the petitioner under Article 226 of the Constitution of India. The facts of the case as culled out from the pleadings available on record, in brief, are that the petitioner has been working as apprentice in the irrigation department since 1991. On 03.08.2007, an advertisement was issued for filling up two posts of Junior Clerk in the department by the respondents; one post was reserved for the candidates belonging to category of Other Backward Classes and other for the candidates belonging to category of Scheduled Caste. The petitioner being an Other Backward Class category candidate, submitted her application form pursuant to the advertisement dated 03.08.2007 and having been subjected to a selection, she was declared successful and by means of order dated 02.11.2007, she was appointed against the post of Junior Clerk in the Other Backward Class category. At the time of submission of her joining pursuant to the appointment letter dated 02.11.2007, the petitioner submitted a certificate dated 30.10.2003 certifying that she belongs to the category of Other Backward Class, purportedly issued by the office of Tehsildar, Sadar, Lucknow.
(3.) IT appears that the petitioner, however, subsequent to her joining, noticed that when she applied for certificate for her son as belonging to Other Backward Class for the purpose of getting him admitted in Class IX in a School, then the institution concerned required her to get the said certificate verified which was issued in the year 2003 and submit it again and at that time she took steps to get the said certificate. On enquiry it was revealed to her that said certificate was not issued from the office of Tehsildar, Sadar, Lucknow and that fresh certificate would be issued only after completing the enquiry. The Tehsildar, Sadar, Lucknow completed the said enquiry and issued another certificate on 11.03.2008. The said certificate dated 11.03.2008 was obtained by the petitioner for the purpose of getting her ward admitted in a School. However, since the earlier certificate issued in the year 2003 was not verified by the office of Tehsildar, Sadar, Lucknow, she very fairly and in bonafide manner informed the appointing authority by means of an application dated 13.03.2008, of the aforesaid facts and along with the said application submitted new certificate issued by the Tehsildar, Sadar, Lucknow dated 11.03.2008. On coming to know about the information, the appointing authority issued a show cause notice dated 19.03.2008, requiring the petitioner to submit her explanation as to how and under what circumstances, she submitted her joining on the basis of certificate dated 30.10.2003 which is allegedly forged, and has, thus, infringed Clause 11 of the terms of the appointment letter dated 02.11.2007.;