The main legal point established in the judgment is the limited scope of judicial review under Article 226 of the Constitution of India in disciplinary proceedings, as well as the principles governing interference with findings in departmental enquiries.

JUDGMENT :

Sujit Narayan Prasad, J.

Heard learned counsel for the Petitioner/Appellant and the learned counsel for the Respondents/Respondents.

I.A. No. 4368 0f 2022

2. Before entering into the merit of the issue, it requires to deal with the issue of limitation, since, this appeal has been filed after the period of limitation.

3. This interlocutory Application has been preferred under Section 5 of the Limitation Act for condonation of delay of 20 days in filing the instant Appeal.

4. Heard learned counsel for the parties.

5. Having regard to the averments made in the application and submission made on behalf of the parties, we are of the view that the appellant was prevented from sufficient cause in filing the appeal within the period of limitation and having no objection on the part of the Respondent State, the delay of 20 days in preferring the present appeal is hereby condoned.

6. Accordingly, the instant Interlocutory Application being I.A. No. 4368 of 2022 stands allowed.

L.P.A. No. 202 of 2022

7. Heard learned counsel for the Petitioner/Appellant and the learned counsel for the Respondents/Respondents. The instant appeal is being heard on merit.

8. The appeal is under Clause-10 of the Letters Patent directed against the order dated 23.02.2022 passed by the learned Single Judge of this Court in W.P.(S) No. 1817 of 2016 whereby and whereunder while dismissing the writ petition the learned Single Judge has refused to interfere with the order of punishment of dismissal from service.

9. The brief facts of the case as per the pleading made in the writ petition which require to be enumerated herein, read under as:

10. The Petitioner has approached this Court with a prayer for quashing the order of dismissal, which has been affirmed by the appellate authority as well as the revisional authority. The material fact of the writ was that the petitioner joined the services of Central Industrial Security Force as a Constable on 19.05.2001 and was lastly posted as such in CISF Unit, PTPS, Patratu at Ramgarh. The petitioner was served Charge of Memo vide Letter No. 1442, dated 08.06.2013, by the Commandant, Central Industrial Security Force, PTPS, Patratu. The Enquiry officer conducted the enquiry and on the basis of a letter by the Circle Officer, Kahalgaon, which declares that petitioner belongs to Gongota Caste and despite several explanations submitted by him, came to the findings that petitioner, had obtained employment on the basis of false document. The Disciplinary authority, relying upon the finding of the enquiry officer passed final order of dismissal from service. Being aggrieved, petitioner preferred an appeal requesting therein for proper verification from the Scheduled Tribes Commission constituted under Articles 338 and 339 of the Constitution of India but the Appellate Authority, upheld the punishment vide order dated 30.12.2013. Thereafter petitioner preferred revision which was also not considered and rejected vide order dated 08.05.2014. Being aggrieved, petitioner knocked door of this Court.

11. Learned counsel appearing for the petitioner vociferously argued that the impugned order is not sustainable in the eyes of law and the same is fit to be quashed and set aside on the ground that petitioner admittedly belongs to the Scheduled Tribes Category and it was the respondents – State who had issued Caste Certificate mentioning the caste to which petitioner does not belong. Learned counsel further argued that it is specific case of the petitioner that while issuing Caste Certificate, the concerned authorities mentioned wrong Caste in the Caste Certificate issued in his favour. Learned counsel argued that from 22.03.2001 to 27.11.2013, the Circle Officer and the SDO, Kahalgaon issued certification in respect of petitioner as belonging to “Gond” and “Kharwar” caste and both the Caste belong to Scheduled Tribe category as declared by the Scheduled Tribes Record of Bihar Government vide Certificate No. 9810, dated 27.11.2013. Learned c