- (1.) HEARD the parties finally.
(2.) PETITIONER has challenged the order contained in memo No. 2396 dated 3.8.2001 issued by the Forest and Environment Department, Government of Jharkhand (Annexure 4), dismissing him form service on the ground that he secured employment on the basis of wrong caste certificate. Mr. Rajiv Ranjan, appearing for the petitioner, submitted that in the year 1974 -75 an advertisement was published by B.P.S.C. for appointment of Range Officer against which petitioner applied and appeared in the physical as well as written examination and was declared successful. The result was published in 1975 wherein his name was placed in the General Category candidate to the post of Range Officer. He further submitted that petitioner's appointment was not based on caste certificate. He further submitted that petitioner is by caste Kalwar which comes under O.B.C. and he never claimed to be a member of Scheduled Caste at the time of applying for appointment with B.P.S.C. He further submitted that petitioner was all along posted within the area not falling within Jharkhand and therefore in view of the judgment of Arvind Vijay Bilung V/s. The State of Bihar reported in 2001 (3) JCR 155 (Jhr.), the impugned order passed by the authorities of the State of Bihar, after bifurcation of the State cannot be sustained.
(3.) MR . Rahman, appearing for the State of Jharkhand, submitted that petitioner has not brought on record the documents in support of his aforesaid contentions. He further submitted that in view of the judgment of the Supreme Court and the High Court, the departmental proceeding was not required to be initiated in such cases. He further submitted that petitioner was under suspension at the time of bifurcation and therefore, it cannot be said that he was holding a post. He was simply attached with the Officer of the Principal Conservator of Forest, Ranchi during suspension period. And therefore, the State of Bihar was justified in passing the order of dismissal.;