Suneet Kumar, J. - (1.) Heard Sri P.K. Upadhyay, learned counsel for the applicant, learned Standing Counsel for the State-respondent and Sri Satya Prakash, learned counsel appearing for the respondent nos. 2, 3 and 4.
(2.) The instant petition is directed against the order dated 26 February 2009 passed by the second respondent, General Manager, Food Corporation of India, Regional Office, Gomti Nagar, Lucknow/appellate authority, affirming the order dated 3 September 2008 passed by the third respondent, Area Manager/Disciplinary Authority, Food Corporation of India, District Office Varanasi, imposing penalty of dismissal from service.
(3.) The facts, in brief, is that disciplinary proceedings, came to be initiated against the petitioner, a watchman, under Regulation 58 of the Food Corporation of India (FCI) (Staff) Regulations, 1971, by issuing charge sheet dated 9 January 2007 for two charges: (i) that the petitioner was issued appointment on the post of watchman on 31 March 1997 against Scheduled Tribe (ST) category with direction to submit documents in support of educational qualifications, caste certificate at the time of joining. Pursuant thereof, petitioner submitted caste certificate No. nil dated 26/27.11.1996. Upon verification, Tehsildar, Ghanpur vide letter dated 13 May 2003 stated that caste certificate of the petitioner was never issued from the office, further, petitioner is resident of Village Kedarpur, Tehsil Gyanpur, District Sant Ravidas Nagar (Bhadohi) and there is no family of Gond caste. Gond caste comes under the Other Backward Class (OBC). In other words, the allegation against the petitioner was that he obtained appointment on a forged and bogus caste certificate; (ii) On notice, for submitting forged/bogus caste certificate, petitioner filed reply on 12 July 2004 stating that he belongs to Gond caste and the caste certificate was duly issued by the Tehsildar, Gyanpur. Upon receiving the reply, a three member committee was constituted to enquire into the matter, vide report dated 21 June 2006 it was intimated that caste certificate was not issued to the petitioner.;