The court emphasized adherence to judicial directives in administrative proceedings and quashed penalties imposed on the petitioner for alleged caste certificate forgery.

JUDGMENT :

DEEPAK ROSHAN, J.

1. Petitioner, in the present case, is again compelled to knock the door of this court despite the fact that, earlier, this court, vide detailed Judgment and order dated 18.12.2020 passed in W.P.(S) No. 1001 of 2009, was pleased to set aside order contained in Memo No. 206 dated 23.03.2010, wherein Petitioner was imposed penalty pursuant to departmental proceedings.

2. Detailed facts was already noted in earlier order dated 18.12.2020 passed in W.P.(S) No. 1001 of 2009, but for the sake of ready reference, facts of the case are again noted hereinafter.

3. Petitioner, being a Member of Tanti (Pan/Swasi) caste appeared in an examination held in the year 1973 for the post of Lower Division Clerk/Assistant, and, thereafter, on being successful, was appointed on the post of Lower Division Clerk/Assistant in the office of Deputy Inspector General of Police, South Chotanagpur Division, Ranchi, in the year 1978 and his services were confirmed on 12.01.1980.

4. On 31.01.1992, Department of Welfare, Government of Bihar came out with a circular treating ‘Tanti’ caste as synonymous with ‘Pan/Swasi’ and, accordingly, issued a circular in that regard. Consequent upon issuance of said circular, Petitioner applied for issuance of Scheduled Caste Certificate from the office of Block Development Officer, Chapra, and, Scheduled Caste Certificate was issued by Block Development Officer, Chapra on 16.03.1992, which was subsequently certified by Sub-Divisional Officer, Chapra on 11.06.1992.

5. Consequent upon issuance of said certificate, Petitioner made request for entering in his Service-Book his caste in the category of ‘Scheduled Caste’, and, an order dated 23.04.1992 was passed by erstwhile State of Bihar making entry in Service Book of Petitioner reflecting him as a Member of Scheduled Caste. Even amendment in Gradation List dated 03.08.1992 was carried out by erstwhile State of Bihar.

6. Thereafter, Petitioner was granted benefit of Junior Selection Grade on 27.01.1993 with effect from 30.08.1988 and, further, benefit of Senior Selection Grade was granted on 29.01.1993 with effect from 30.08.1991. Petitioner was further granted promotion to the post of Section Officer vide order dated 16.10.1993 with effect from 01.03.1991. Said benefits were extended to the Petitioner in view of entry made in his Service Book of Scheduled Caste category.

7. While the Petitioner was in service, an anonymous complaint was made before National Commission of Scheduled Castes and Scheduled Tribes and, pursuant thereto, enquiry was conducted by Inspector General of Police, South Chotanagpur Division, and, enquiry report dated 30.04.1996 was submitted, wherein it was certified that Petitioner did not submit forged Caste Certificate as alleged in anonymous complaint.

8. However, erstwhile State of Bihar, to the utter shock of the Petitioner, passed an order dated 31.05.2000 without initiating any departmental proceeding and held Petitioner guilty of obtaining forged Caste Certificate, and, on 11.08.2000, Petitioner was suspended and departmental proceedings were contemplated to be initiated against the Petitioner. Further, even before initiating departmental proceeding, promotion granted to Petitioner on the post of Section Officer was cancelled on 26.08.2000 and, thereafter, on 7.11.2000, benefit granted to Petitioner of Senior Selection Grade was also cancelled and benefit granted to Petitioner of Junior Section Grade was also cancelled on 29.11.2000 by erstwhile State of Bihar.

9. It is well known fact that from 15.11.2000, erstwhile State of Bihar was bifurcated and new State of Jharkhand and State of Bihar was created and cadre of the Petitioner was allocated to State of Jharkhand, but despite thereof, on 29.11.2000, benefit of Junior Selection Grade granted to Petitioner was cancelled by erstwhile State of Bihar.

10. On 29.08.2002, State of Jharkhand issued a fresh memo of charges against Petitioner and initiated departmental proceeding, whe