The judgment underscores the significance of prompt scrutiny of caste certificates and the impact of false certificates on genuine candidates, emphasizing the need for swift resolution of caste-related issues.

JUDGMENT :

1. Heard the parties.

2. The petitioner has approached this Court with a prayer for quashing the order dated 8.3.2020 (Annexure-7) passed by the District Superintendent of Education, Giridih, whereby the service of the petitioner, who was working as Teacher in Middle School, Kurhobindo, was terminated on the ground that he got appointment on forged caste certificate. Further prayer has been made for quashing the letter dated 29.10.2009 (Annexure-8), whereby the caste certificate of the petitioner has been cancelled.

3. As per factual matrix, the petitioner was appointed on 28.05.1988 as Teacher and after verifying all documents, he was given regular salary. It was the specific case of the petitioner that since his mother belongs to schedule caste and his father belongs to Gwala caste, which is a non-tribal, he comes under the scheduled caste category, in the light of the decision contained in letter no. 11/4-1040/77- 106 dated 3.3.1979 issued by Personnel, Administrative, Reforms Department, Govt. of Bihar.

4. However, one fine morning, the petitioner was put under suspension on 2.6.2009, alleging inter alia that he obtained appointment on the basis of forged caste certificate. A criminal case was also lodged against the petitioner, being Jamua P.S. Case No. 243 of 2008. Thereafter, the petitioner submitted his reply on 15.7.2009. Having found the reply of the petitioner unsatisfactory, departmental proceeding was initiated and thereafter, enquiry report was also submitted on 29.8.2009 finding the charges proved. Thereafter, accepting the enquiry report, the caste certificate of the petitioner was cancelled vide order dated 29.10.2009 and consequently, the disciplinary authority terminated the petitioner from service vide letter dated 8.3.2010. Aggrieved thereby, the petitioner has knocked the door of this Court.

5. Mr. Saurav Arun, learned counsel appearing for the petitioner argues that the impugned orders are not tenable in the eyes of law, inasmuch as, the order of termination has been issued in complete violation of the principles of natural justice. Learned counsel further argues that even a second show cause was not issued and the petitioner was terminated on ex-parte order and as such, the same is fit to be quashed and set aside. Learned counsel further submitted that the caste certificate dated 15.9.1982 has rightly been issued to the petitioner, as his mother belongs to scheduled caste category. Relying upon a judgment of the Hon’ble Supreme Court in the case of V.V. Giri Vs. D.S. Dora, reported in AIR 1959 SC 1318, learned counsel submits that the caste certificate of the petitioner cannot be questioned, as he was recognised as a member of the caste upon marriage between a general caste and scheduled caste member and the children born out of said wedlock, is entitled to a scheduled caste certificate. The petitioner is a member of scheduled caste and rightly he has been given the benefit of scheduled caste and appointed as a Teacher against reserved category.

6. Per contra, counter affidavit has been filed. Mr. Rakesh Kumar Roy, learned AC to GA-III, representing the respondents submits that the contention of learned counsel for the petitioner is not sustainable in view of the specific averments mentioned in the counter affidavit filed by the respondents. Learned counsel further submits that ample opportunity was given to the petitioner and even a second show cause notice was also issued. Referring to paragraph-10 of the counter affidavit, it has been submitted that ample opportunity was given to the petitioner to submit his reply, but even after that petitioner did not take any step. Neither the petitioner produced any documents in support of his claim, nor he produced any document to prove his father’s legal marriage with Gauri Devi. Petitioner also failed to produce the record to prove that Smt. Gauri Devi belongs to scheduled caste and she is his legal mother. However, the fact is otherwise that Smt. B