Ujjal Bhuyan, J.

1. The case was heard on 12.03.2015 and 26.03.2015 was fixed for delivery of judgment. For unavoidable circumstances, the judgment could not be delivered on that day. Accordingly, judgment is delivered today. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 09.06.2007, issued by the Commandant, 84 Battalion, removing the petitioner from the service of Central Reserve Police Force (CRPF) as well as the order dated 04.05.2009, passed by the appellate authority affirming the order of penalty. Petitioner further seeks a direction to the respondents to reinstate him in service.

2. Case of the petitioner is that he belongs to the Koch-Rajbongshi community in the State of Assam. The Koch-Rajbongshi community is presently enlisted as an Other Backward Class (OBC). However, by the Constitution (Scheduled Tribes) Order Amendment Ordinance, 1996, which was published in the Gazette vide notification dated 14.02.1996, the Koch-Rajbongshi community was accorded the status of Scheduled Tribe. Following the same, Government of Assam in the WPT and BC Department, issued Office Memorandum dated 15.03.1996, authori