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2020 Supreme(Jhk) 674
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY, J.
Meetu Passi - Petitioner
Versus
Life Insurance Corporation of India - Respondents
W.P.(S) No. 5488 of 2019
Decided On : 12-06-2020
For the Petitioner:Mr. Rajiv Ranjan, Senior Advocate Mr. Shresth Gautam, Advocate Mr. Rahul Dev, Advocate Mr. Om Prakash, Advocate Mr. Yogendra Yadav, Advocate
For the Respondent:Mr. Sachin Kumar, Advocate Mr. Anil Kumar Sinha, Mr. Kumar Harsh, Advocate
Headnote:
Life Insurance Corporation of India (Staff) Regulation, 1960 - Service matter – Termination from service - Caste-certificate - Counsel for petitioner that services of petitioner have been terminated without following due procedure of law and without any enquiry dehors Regulation, 1960 and without considering the declaration of caste of petitioner vide caste certificate issued by State of Punjab - Petitioner is also seeking a declaration that once a fresh caste-certificate has been issued in favour of the petitioner by the competent authority, the same is required to be considered and taken note of - He submits that one criminal case being RC was instituted wherein charge-sheet was submitted in the year 2009 - A copy of said charge-sheet was forwarded to District Welfare Officer by Senior Divisional Manager, Life Insurance Corporation of India at Jamshedpur pursuant to which, District Welfare Officer, Ranchi issued memo cancelling caste certificate issued to petitioner as back - Held, Court view that all the consequences which flow out of issuance of such caste certificate by the State of Punjab have serious bearing on the charge sheet- cum- show cause notice as the very basis of issuance of charge sheet- cum- show cause notice that petitioner belongs to general category, does not exist. This Court is of the considered view that authority who had issued charge sheet- cum- show cause notice to petitioner on 24.06.2010 ought to have considered the caste certificate of the petitioner issued to the petitioner by State of Punjab - Matter is remitted back to the original authority namely, Senior Divisional Manager, LIC of India, Jamshedpur Divisional Office, East Singhbhum for fresh consideration and for passing fresh order after considering the aforesaid caste certificate after giving an opportunity of hearing to petitioner within a period of 30 days from the date of receipt of a representation alongwith a copy of this order - However this Court cannot lose sight of fact that recently intervenor respondent, in his individual capacity, has challenged caste certificate issued to petitioner by the State of Punjab and it is observed that all legal consequences arising from the result of such challenge shall follow in accordance with law - Writ petition is allowed.
JUDGMENT :
1. Heard Mr. Rajiv Ranjan, learned Senior counsel appearing on behalf of the petitioner along with advocates on record.
2. Heard Mr. Sachin Kumar, learned counsel appearing on behalf of the Life Insurance Corporation of India.
3. Heard Mr. Anil Kumar Sinha, learned Senior counsel along with Mr. Kumar Harsh, learned counsel appearing on behalf of the respondent no. 4 (intervenor).
4. This writ petition has been filed for quashing the order of termination dated 30.07.2019 (Annexure- 19) as well as the appellate order dated 24.09.2019 (Annexure- 21) and also for a declaration that once a fresh caste-certificate has been issued in favour of the petitioner by the competent authority, the same is required to be considered and taken note of.
Arguments of the petitioner
5. It is submitted by the learned counsel for the petitioner that the services of the petitioner have been terminated without following the due procedure of law and without any enquiry dehors the Life Insurance Corporation of India (Staff) Regulation, 1960 and without considering the declaration of caste of the petitioner vide caste certificate dated 07.08.2018 issued by the State of Punjab. The petitioner is also seeking a declaration that once a fresh caste-certificate has been issued in favour of the petitioner by the competent authority, the same is required to be considered and taken note of.
6. Learned counsel for the petitioner submits that on 28.08.1989, the petitioner was appointed as Apprentice Development Officer at Life Insurance Corporation of India under Reserved category (Scheduled Caste) and the caste certificate which was submitted by the petitioner was bearing number 3097/89 dated 04.04.1989 issued by the District Welfare officer, Ranchi. He submits that one criminal case being RC 20(S)/92(R) was instituted wherein charge-sheet was submitted in the year 2009. A copy of the said charge-sheet was forwarded to the District Welfare Officer, Ranchi by the Senior Divisional Manager, Life Insurance Corporation of India at Jamshedpur pursuant to which, the District Welfare Officer, Ranchi issued memo no. 1746(ii) dated 25.05.2010 cancelling the caste certificate issued to the petitioner as back as on 04.04.1989.
7. Learned counsel for the petitioner also submits that it has been recorded in the aforesaid cancellation memo dated 25.05.2010 about the conclusion of the charge-sheet of the said criminal case. It has been alleged in the cancellation memo that the petitioner, being a general category candidate, dishonestly applied for the post of Apprentice Development Officer in Life Insurance Corporation of India, a post exclusively advertised for Scheduled Caste/Scheduled Tribe candidate claiming that she belongs to Scheduled Caste category and obtained the said job in Life Insurance Corporation of India by falsely claiming herself as Scheduled Caste candidate and by dishonestly concealing the fact that she belongs to “Khatri” caste of general category.
8. Learned counsel further submits that pursuant to the cancellation of the caste certificate of the petitioner and on the same allegation, charge sheet –cum- show cause notice dated 24.06.2010 was issued to the petitioner by the Life Insurance Corporation of India wherein same allegation was made that the petitioner being a general category candidate, applied for the post of Apprentice Development Officer exclusively advertised for Scheduled Caste/Scheduled Tribe candidate on the strength of certificate dated 04.04.1989 and the caste-certificate was cancelled by the District Welfare Officer, Ranchi vide memo dated 25.05.2010. The petitioner was asked to show-cause within a period of 15 days from the date of receipt of the said charge sheet – cum- show cause notice as to why the penalty of dismissal from service proposed to be imposed be not imposed upon the petitioner.
9. The learned counsel for the petitioner submits that in the aforesaid background, the petitioner had filed a writ petition being W.P.
