JUDGMENT

S.PANDA, J. - This writ petition has been filed by the petitioner challenging the order dated 03.11.2016 passed by the Odisha Administrative Tribunal, Principal Bench, Bhubaneswar in O.A. No. 913 of 2012 rejecting the prayer of the petitioner to quash the penalty order as well as the order of the appellate authority as the same is illegal, arbitrary and contrary to the materials available on record.

2. Learned counsel appearing for the petitioner submitted that the Disciplinary Proceeding was initiated against the petitioner after 26 years of service and necessary documents basing on which charges were framed was not supplied to him. Neither he has filed the application seeking appointment under reserved category nor has he submitted any document showing his caste at the time of appointment. As such the charges framed against him are not sustainable. In the Departmental Proceeding as well as before the Tribunal the Department has relied mainly on the Service Book, which was maintained by the Department wherein the caste of the petitioner was reflected as ‘Kandha’. However, the petitioner has only put his signature so far as Verification Roll is concerned. He has explained that it was filled up by the authority and he has only put his signature in English without any knowledge of reading English. Thus charges cannot be held to be proved against him and consequently imposition of penalty by the appointing authority confirmed by the appellate authority as well as the order of the Tribunal are not sustainable being perverse without any materials. In the alternative he has submitted that the case of the petitioner may be considered for grant of pension as he has rendered an unblemished service career of 26 years. In support of his submission he has relied on the decisions reported in AIR 2018 SC 566 and (2014) 4 SCC 434.

3. Learned Addl. Government Advocate however, contended that as per the prescribed procedure the Departmental Proceeding was concluded and in the Verification Roll it was clearly stated the caste of the petitioner as ‘Kandha’, as such he was appointed under reserved category and got promotion subsequently. The petitioner has got all the benefits as a candidate of reserved category, as such his plea that the record was maintained by the Department and he is no way concerned with all those records cannot be accepted. Since the Tribunal has passed the impugned order after going through the original records, the same need not be interfered with.

4. The petitioner in the Original Application has contended before the Tribunal that he being a matriculate applied for the post of Sepoy ion pursuance of the advertisement published by the authorities and on being duly selected by the Selection Committee, he was appointed as a Sepoy in 3rd Battalion, O.S.A.P., Koraput by order dated 04.05.1984 issued by the appointing authority, the Commandant. He joined in the said post on 15.05.1984. He was discharging his duties to the utmost satisfaction of the authorities. While continuing as such he was promoted to the post of Driver Havildar.

5. Thereafter a Departmental Proceeding was initiated against him on 20.09.2010 and show cause notice was issued to him with the charge that he was appointed under Scheduled Tribe Category by submitting false information as follows:-

As per Candidate Register of Sepoy for the year 1984 the height of candidate in Scheduled Tribe category was mentioned in Column No. 4 Sri K.Ch. Pradhani height mentioned in the said column was 164-5 cm as well as the 100 point Roster Register maintained in the said order was reflected under the Scheduled Tribe category. In the original Service Book, his caste was mentioned as ‘Kandha’ which is coming under Scheduled Tribe category. However, over and above he had submitted false information in the verification Roll mentioning his caste as ‘Kandha’ against the column meant for caste. However, he has admitted in clear tone that he is ‘Khandayat’ by caste. A