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, authorizing the President/General Secretary of Assam Koch-Rajbongshi Sanmilani as well as the President/General Secretary of the District units to issue caste certificate to a member of the Koch- Rajbongshi community as per the prescribed format. The caste certificate so issued was required to be countersigned by the Deputy Commissioner of the district or by the concerned Sub-Divisional Officer as the case may be.

3. Petitioner was issued with a caste certificate by the President, Barpeta District Koch-Rajbongshi Sanmilani, on 20.07.1997, which was countersigned by the Deputy Commissioner, Barpeta, on 20.07.1997. By the said certificate, it was certified that petitioner belonged to Scheduled Tribe (Koch-Rajbongshi) community in the State of Assam.

4. In the year 2002, CRPF had issued an advertisement for filling up 90 (ninety) vacancies in the post of Constable (General Duty) for the State of Assam. Later on, a corrigendum was issued whereby notified vacancies were increased to 1715.864 vacancies were reserved for general category, 93 for Scheduled Caste (SC), 170 of Scheduled Tribe (ST), 417 for OBC and 171 for ex-servicemen.

5. According to the petitioner, he possessed the minimum physical standard required for general category candidate for the State of Assam. He did not avail the relaxation available to a candidate of the Scheduled Tribe (ST) category. Petitioner was finally selected. It is stated that ultimately, he was appointed as Constable (General Duty) in the CRPF and was allotted Force No. 031527768.

6. 4 (four) years after his appointment, a show cause notice was issued to the petitioner on 12.01.2007 by the Commandant, 84 Battalion. It was alleged that petitioner was recruited in the CRPF by producing Scheduled Tribe (ST) certificate. The certificate was verified and as per verification report of the Deputy Commissioner, Barpeta, petitioner belongs to Yogi-Nath community, which belongs to OBC category. Therefore, petitioner committed misconduct by getting appointed in the ST category by producing false ST certificate, which is a misconduct under Section 11(1) of the CRPF Act, 1949.

7. Petitioner submitted his written statement on 20.02.2007, denying the allegations levelled against him.

8. The disciplinary authority, i.e., the Commandant, 84 Battalion decided to hold enquiry. Accordingly, one Assistant Commandant was appointed as the Enquiry Officer.

9. In the meanwhile, office of the Deputy Commissioner, Barpeta, issued a communication to the Additional DIGP, Group Centre, CRPF, Guwahati, on 21.03.2007, submitting the verification report in respect of the caste status of the incumbents mentioned therein. At Serial No. 38, name of the petitioner was mentioned with the remark - OBC (Koch-Rajbongshi). It was mentioned that caste status of the Koch-Rajbo