S.J. Mukhopadhaya, J. - (1.) The petitioner -Durga Charan Prasad has challenged the Order No. PL -119/522/2086, dated December 28, 1999 passed by respondent No. 1, whereby and whereunder, he was dismissed from service. He has also challenged the appellate order No. PL -119/522 -414, dated May 8, 2000, where the appeal against the order of dismissal was rejected.
(2.) The case of the petitioner is that he applied in pursuance of advertisement dated December 15, 1975 for the posts of teachers which were reserved for S.C. and S.T. The petitioner along with application offering candidature enclosed certificate issued by the Deputy Magistrate and Deputy Collector showing him a Scheduled Caste (Nonia). Thereafter, he having selected in pursuance of interview held on March 25, 1976 was appointed as a Teacher on temporary basis, vide order dated April 9, 1976. Subsequently, he was confirmed as a teacher w.e.f. April 27, 1976.
(3.) The petitioner was proceeded departmentally, vide charge - sheet dated September 10, 1997 i.e. after about 21 years of his service, on allegation that he committed breach of D.V.C. Service (Conduct) Regulation by producing a false caste certificate at the time of appointment. The petitioner submitted a show cause on September 18, 1997 denying the allegation. He took plea that his ancestors may be 'Nonia' of Bihar, he and his parents being resident of West Bengal and caste 'Nonia' being Scheduled Caste of West Bengal, he was rightly provided with a caste certificate, which he submitted.;