AMARESHWAR SAHAY, J. - (1.) THE petitioners' prayer in this writ application is to quash the orders as contained in Annexure -1 and 1/1 dated 29/09/1999, issued by the Respondents Bokaro Steel Limited (SAIL) by which the petitioners were dismissed from service after a departmental enquiry on the charge that they gave false information regarding their caste category for securing employment.
(2.) ACCORDING to the petitioners, they joined the services of the respondent No. 1 on 24/06/1974. By issue of the charge sheets as contained in Annexure -2 and 2/1, it was alleged against the petitioners that they committed misconduct under the Standing Orders of the Company, by giving false information regarding their caste category for securing employment in Bokaro Steel Limited. Statements of allegations were also accompanied with the charge sheet, in which it was mentioned that the petitioners mentioned themselves, belonging to Scheduled Caste Community in the caste column in the interview particulars and in PD form, though they did ,not belong to the Scheduled Caste community and thereby obtained service in Bokaro Steel Limited against the reserve post for SC/ST. An enquiry was conducted against the petitioners for the aforesaid charges. The Enquiry Officer by order as contained in Annexure -11 to this writ application came to the following conclusion. The relevant extract of the order is quoted hereinbelow: In view of the analysis of facts and arguments forwarded by the prosecution and the defence, it is established that though the charge sheeted employees had joined service in Bokaro Steel Limited nearly 25 years back against SC/ST post. The onus to very the caste declared by the prospective candidates, whether it fell under the SC/ST category or not, rested squarely with the concerned recruiting agencies who cannot be absolved of their responsibility. Nevertheless, it is also true that S/Shri Brij Bihari Ram, Staff No. 322496, Field worker and Kanhaiya Prasad, Staff No. 322503, Health Inspector of TA deptt. Applied for and secured employment against posts reserved for SC/ST. The jobs were secured by them on the basis of caste certificates issued by SDO, Arrah, which clearly mentions that they belong to "TATWA" caste under Backward Community. Under the Principle of Natural Justice, S/Shri Brij Bihar Ram, Staff No. 322496, Field Worker and Kanhaiya Prasad, Staff No. 322503, Health Inspector of TA deptt. Were given sufficient. opportunity to produce their caste certificate issued by the competent authority but they failed to do so (ref. Sl. No. 11 of the FINDINGS).
(3.) IN view of the above conclusion the Enquiry Officer held that the charges against the petitioner, leveled against them, were fully established.;