Govind Mathur, J. - (1.) To challenge the order dated 13/18.8.2008, issued under the signatures of the Divisional General Manager (Human Resources), Northern Region, Indian Oil Corporation Ltd., New Delhi, dismissing the petitioner from service, this petition for writ is preferred. The chronology of the facts, giving rise to the lis, are as follows:- An appointment was given to the petitioner as Assistant with the IBP Company Ltd. in the year 1996 against a vacancy reserved for Scheduled Tribes;
(2.) On 19.9.2006 the petitioner was instructed by the General Manager (Northern Region) of the Company to submit an explanation regarding caste certificate dated 16.2.1983 submitted by him to get appointment as Assistant in the year 1996. As per the respondents the certificate aforesaid was not issued by the District Magistrate Saran-Chapra, Bihar and as such was a forged one;
(3.) On being dissatisfied by the explanation given, the respondents vide memorandum dated 10.10.2006 charge-sheeted the petitioner for following allegations of misconduct:- (1) Your caste certificate is not issued by the District Magistrate, Saran Chapra, Bihar and as such the caste certificate submitted by you with IBP Co. Limited at the time of your employment is forged/fake. (2) You have obtained employment with IBP Co. Limited on the strength of a forged fake caste certificate. (3) Your employment with IBP Co. Limited is based on your willful declaration of false statement/information and thus with ulterior motives you have sought employment with the Company on the basis of fake/forged caste certificate you have submitted with IBP Co. Limited at the time of seeking your employment. (4) By using a fake caste certificate you have obtained the employment with IBP Co. Limited and thus willfully deprived the rightful employment of a ST candidate having a genuine caste certificate, which is prejudicial to the interest of the Company. (5) Your above acts are subversive of good behavior and against the discipline of the Company.;