Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the parties.
(2.) PETITIONER , an Officer of State Administrative Service appointed on 4.1.1996 pursuant to the recruitment exercise held under the 39th Bihar Public Service Commission Examination for the post of Deputy Collector, has been dismissed from service under Rule 49(7) of the Civil Services(Classification, Control and Appeal) Rules, 1965 vided resolution dated 4.7.2013 (Annexure -19) issued by the department of Personnel, Administrative Reforms and Rajbhasha. Petitioner has challenged the order of dismissal passed during the pendency of the writ petition where originally he had sought for quashing of the charge -sheet dated 4.8.2011 (Annexure -7), the enquiry report dated 31.12.2012 (Annexure -14). The second show cause notice darted 23.2.2013 (Annexure -15) is also challenged by the petitioner. The facts as pleaded by the petitioner and canvassed on his behalf for the purpose of determination of the issues involved herein as as follows: - - "On a complaint made by one Sera Fenus Tirkey that petitioner has faked his caste as 'Lohra' Schedule Tribe Category, though he belongs to 'Kumhar' Caste and has got appointment in the State Administrative Service, the Deputy Commissioner, Bokaro got the matter inquired through Deputy Collector, Land Revenue, Bermo at Tenughat. The report is at Annexure -2 dated 15.1.2007, which alleges that petitioner did not furnish any document in support of his caste. Petitioner was asked by the Deputy Commissioner, Bokaro through letter No. 388 dated 8.2.2007 to produce his caste certificate. Thereafter, an enquiry was conducted through Block Cooperative Extension Officer (B.C.E.O), Dhanbad who submitted his report to the Block Development Officer(B.D.O), Dhanbad vide Annexure -6 dated 10.2.2011. The B.C.E.O, Dhanbad enquired from persons living in the neighbourhood of the petitioner at Brindavan Darji Colony, Dhanbad. One Raghubansh Kr. Bharti and Ramesh Bharti reportedly told him that petitioner belongs to 'Kumhar' caste. One Chotu Prasad Pandit alleged to be the father of the petitioner also stated that they belong to 'Kumhar' caste. He also informed that he had been working as a Teacher at High School in Godda and superannuated in 1990. Another fact which was noticed by the B.C.E.O, Dhanbad was that one plot of land was registered in the year 1998 over which the house of the father of the petitioner is situated. The said plot was registered in the name of petitioner's mother namely Putul Devi and the father of petitioner is Harendra Prasad Pandit. The B.C.E.O, Dhanbad opined that the said registered deed may be enquired into for the purpose of ascertaining the caste. The report was forwarded to the Sub Divisional Officer, Dhanbad who submitted it before the Deputy Commissioner, Dhanbad. This formed the basis of the communication of the Deputy Commissioner, Dhanbad, Annexure -4 to the Department of Personnel, Administrative Reforms and Rajbhasa through letter dated 30.5.2011 for enquiring into the matter of the caste of the petitioner who claims himself to be belonging to Lohra Schedule Tribe community. Annexure -4 states that from the report of the Circle Officer, Dhanbad it was evident that petitioner's caste was 'Kumhar' and the caste certificate No. 459 of 1994 obtained by him declaring him as 'Lohra' caste of Schedule Tribe community was false. The charge - sheet at Annexure -5 dated 4.8.2011 was issued for initiation of departmental proceeding against the petitioner on the allegation that the Deputy Commissioner, Dhanbad in his enquiry report has found the caste of the petitioner as 'Kumhar' while he had procured appointment claiming himself to be belonging to 'Lohra' caste a Schedule Tribe under the 39th batch of Bihar Public Service Commission. This was in contravention of Rule 3(1)(i) of Jharkhand Government Servant Conduct Rules. The report of the Deputy Commissioner dated 30.5.2011 was formed part of the charge -sheet. One Mr. L. Khayante, IAS, Secretary, Welfare Department was appointed as Enquiry Officer to conduct the proceeding against the petitioner. Petitioner asked for several documents through his representation at annexure -8, letter dated 7.9.2011 before the Enquiry Officer, which inter -alia are as follows: - - (i) report of the Circle Officer, Dhanbad relating to the enquiry; (ii) enquiry report of S.D.O, Dhanbad (iii) photo copy of the original record of certificate No. 459 dated 9.5.1994; (iv) the enquiry report related to issuance of certificate No. 459 dated 9.5.1994; (v) the proceeding conducted by the S.D.O related to issuance of caste certificate No. 400/94; (vi) the relevant extracts of the register and report of B.D.O, Dhanbad relating to issuance of caste certificate; (vii) relevant extract of the enquiry report of the S.D.O, Dhanbad which has been countersigned by the Deputy Commissioner, Dhanbad vide letter No. 61 dated 20.6.1994, (viii) relevant extract of the document declaring him belonging to Kumhar caste, which has been relied upon by the Deputy Commissioner vide his letter dated 30.5.2011 and (ix) all other related documents which show that petitioner had wrongfully obtained the certificate of Lohra in the year 1994. The Enquiry Officer thought it proper to direct the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasa vide Annexure -8 dated 22.11.2011 to provide the relevant document to the petitioner as early as possible as the next date of enquiry was 12.12.2011. The said Enquiry Officer was changed in the meantime and one Ashok Kumar Sinha, retired IAS, was appointed vide Annexure -9 dated 13.12.2011. The documents sought for by the petitioner were not provided to him. Petitioner however made a request to the S.D.O, Dhanbad who provided the papers relating to the caste certificate No. 459 dated 9.5.1994 issued by the B.D.O, Dhanbad and also the caste certificate No. 400/94 issued by the S.D.O, Dhanbad and extract of the register in the Office of the Deputy Commissioner, Dhanbad where at serial No. 61 against the name of the petitioner, 'Lohra' caste is shown. The report of the S.D.O, Dhanbad having countersign of other Officers including the Deputy Commissioner, Dhanbad is also shown. The caste certificate 400/94 also shows counter signature of the Deputy Commissioner, Dhanbad."
(3.) IT is stated that petitioner on his own also produced the Office memo of 1981 issued by the Office of District Inspectress of Santhal Pargana regarding appointment of his father as Assistant Teacher in High School Amrapara as a candidate belonging to Lohra Caste, Schedule Tribe. He also produced the death certificate, Annexure -12/1 dated 30.9.1998 issued by the Registering Authority, Government of Bihar showing the date of death of his father as 19.9.1998. He also produced the certificate of his birth issued on 15.8.1968 (Annexure -12/2) where again the caste of the mother of the petitioner was shown as 'Lohra'. The inquiry proceeded but no witnesses were examined before the Inquiry Officer on the part of the prosecution. The opinion of the Deputy Commissioner, Dhanbad produced by the presenting officer before the Inquiry Officer is at Annexure -H to the counter affidavit. Apart from that it is stated that the Presenting Officer made his submission in support of his own written statement which ultimately formed the basis of the inquiry report finding the charge against the petitioner established.;