Ashim Kumar Banerjee, J. - (1.)Respondent No.l published the advertisement on August 2, 1980 for the post of Assistant Store Officer. In the advertisement five years experience in store department of any reputed engineering concern was required for being eligible to apply for the same post. The appellant had three years experience and as such he was not eligible for the said post. He applied for the said post claiming to be a Scheduled Caste candidate. The post was a single one and as such there was no reservation prescribed therefor. In support of his claim as a Scheduled Caste candidate, he submitted a certificate from the then Metropolitan Magistrate, Calcutta. Pertinent to mention, Scheduled Caste Certificate could only be issued by the prescribed authority being the concerned Block Development Officer. The judicial officer was not empowered to issue such certificate. However, the respondent No.1 considered the said certificate as a valid one and considered the appellant for the said post. Although, he did not have requisite experience as he was claiming to be a Scheduled Caste candidate such experience was relaxed. Selection Committee selected him for the said post. The observation of the Selection Committee was as follows: "The Secretary stated that there has been acute shortage of candidates belonging to Scheduled Castes and Scheduled Tribes with the requisite qualifications and experience. Shri Das, although quite young and not very, experienced, should be given an opportunity since candidates belonging to SC/ST are entitled to relaxation in age, qualification and experience in accordance with the Government policy."
(2.)He was given appropriate appointment in 1980. Since then he was working in the said post. In 1985, he was promoted to the post of Assistant Engineer with effect from November 28, 1985. In 1991, he was promoted to the post of Divisional Engineer with effect from December 1, 1991. In all the promotional process he was considered as a Scheduled Caste candidate. In 1994, probably on a complain made by someone the company wrote to the Deputy Commissioner for Scheduled Caste/Scheduled Tribe to enquire whether the appellant actually belonged to Scheduled Caste or not. On March 1, 1994 the Assistant Director, Ministry of Social Welfare informed the respondent No.l that the appellant belonged to Mahishya Community which was not included in Scheduled Caste category. The appellant was informed accordingly. He was asked to produce appropriate certificate from the competent authority in proof of his claim as a Scheduled Caste candidate. The appellant could not produce such certificate. He was chargesheeted on May 11, 1994 and after a regular disciplinary proceeding, he was dismissed from service by an order dated September 27, 1995.
(3.)It is however, pertinent to note that when the appellant was confronted with the report of the Deputy Director, Ministry of Social Welfare, he immediately submitted his resignation on April 30, 1994. However, such resignation was not accepted. He was proceeded with departmentally and was ultimately dismissed from service.