- (1.) The appellant was appointed as a Class IV employee on the post of Washerman on 10 July 1996 by the Chief Medical Officer, Bijnor on a post reserved for the Scheduled Tribes. His services were terminated on 27 December 2013 without affording an opportunity of a hearing on the ground that the caste certificate was fabricated. The respondent filed a writ petition against the order of termination which was allowed on 12 February 2014, by setting aside the order of termination with liberty to the Chief Medical Officer to pass a fresh order in accordance with law. Once again a fresh order was passed on 28 July 2014. The learned Single Judge has set aside the order on the ground that the order was ex parte and no verification of the caste certificate was carried out by the Scrutiny Committee constituted in pursuance of the directions of the Supreme Court in Kumari Madhuri Patil Vs. Additional Commissioner Tribal, 1995 AIR(SC) 94. However, while setting aside the order of the Chief Medical Officer, liberty has been granted to the authorities to proceed in accordance with law.
(2.) Admittedly, the caste certificate of the respondent was not submitted to the Scrutiny Committee for verification. A District Level Scrutiny Committee has been constituted by the State Government in pursuance of the Government Order dated 26 February 2011. The initial order was passed on the basis of a complaint without complying with the principles of natural justice. After the order was set aside, a fresh order was passed.
(3.) The issue as to whether respondent was entitled to claim the benefit of the reserved post, is dependant upon whether his caste certificate is valid. This is a matter which has to be scrutinised by the District Level Scrutiny Committee. Hence, we leave it open to the appellant to submit the caste certificate for verification before the District Level Scrutiny Committee. We expect that the Committee shall conclude its exercise within a period of four months from the receipt of a certified copy of this order. Thereafter, necessary consequential orders would depend upon whether or not the caste certificate is found to be valid. The order of the learned Single Judge, subject to the aforesaid clarification, does not warrant any interference in this special appeal since it has left it open to the authorities to take action in accordance with law.;