M.Y.EQBAL, J. - (1.) IN this writ application the petitioner has challenged the issuance of charge -sheet dated 4.5.1999 and the order dated 29.10.1999, whereby and whereunder the departmental proceeding against the petitioner, which was earlier closed, has been reopened and the enquiry officer has been appointed to enquire into the charges levelled against the petitioner in respect of furnishing false information regarding his caste at the time of initial appointment.
(2.) THE petitioner was initially appointed in 1973 as held worker under" the respondents -authorities and was posted at Public Health Department. In 1978 he was selected for appointment as Van! Porter. Traffic Department of SAIL. Bokaro Steel Plant. Bokaro Steel City and in 1976 he was promoted on the post of operator/Shunting Zamadar. In 1992 the petitioner was served with a charge -sheet with an allegation of giving false information regarding his caste for the purpose of getting employment in the respondent -BSL. It appears that an enquiry committee was constituted to enquire into the charges of misconduct levelled against the petitioner and the enquiry committee finally submitted its report on 22.3.1993. The Disciplinary Authority, however, found the report inconclusive and ordered for fresh enquiry, vide letter dated 5.4.1995. A fresh enquiry was accordingly conducted and a report was submitted by the enquiry officer which was found to be conclusive and the proceeding was closed by the Disciplinary Authority, vide letter dated 25.3.1996. The petitioners case is that again in the year 1999 for the identical charges another charge -sheet was served on the petitioner on 4.5.1999 and vide letter dated 29.10.1999 the respondents appointed an enquiry committee for making a fresh enquiry in respect of the charges. In the counter affidavit filed by the respondents the initiation of departmental enquiry in 1992 and 1995 and the closure of the proceeding in 1996 has not been denied by them. However, it is stated that the Vigilance Department of the respondents registered a complaint against the three employees, namely. Sri A.K. Prasad (Petitioner), Sri K. Prasad and Sri B.B. Ram towards genuineness of their declaration as belonging to schedule caste community for securing employment against the Schedule Caste quota. After making due enquiry when it was found that there is enough substance in the allegation, separate domestic enquiries were conducted by the respondent -Company. During the enquiry it was found that the petitioner belongs to Tanti/Tantwa community and as per the Gazette Notification under Serial No. 27 the said caste has been shown as backward community. Thus the declaration given by the petitioner and other two persons belonging to schedule caste community was false and. therefore, they were found guilty of submission of wrong declaration. Accordingly two of the above named employees excluding the petitioner were dismissed from services. However, on the basis of the enquiry report submitted against the petitioner the Disciplinary Authority took a lenient view to close the proceeding but at the same time also ordered that the petitioner would, in future, be debarred from any benefit available exclusively to Schedule Caste cadre of employees. It is stated that the respondent -Company finding its position very delicate, decided to get the whole matter reviewed by the higher authority and constituted a fresh enquiry committee to enquire the said charges against the petitioner afresh.
(3.) IN the background of the case of the respective parties, the only question that falls for consideration is whether the action of the respondents to reopen and initiate a fresh departmental enquiry in respect of the same charges is justified.;