Discharge based on false caste representation is unjustified if the candidate disclosed accurate information during recruitment and relied on the appointment for an extended period.

ORDER :

BIRAJA PRASANNA SATAPATHY, J.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel for the parties.

3. The present Writ Petition has been filed inter alia with the following prayer: -

“It is therefore most humbly prayed that this Hon'ble Court may be graciously pleased to admit the writ application and issue R ule N ISI calling upon the Opposite parties to show cause as to why the impugned order vide Annexure-10, 12 and 14 shall not be quashed and if the Opposite parties failed to show cause or show insufficient cause issue writ of mandamus or any other appropriate writ in quashing the orders vide Annexure-10, 12 and 14.

And issue further order to the Opposite parties more specifically the Opposite party No. 5 to reinstate the petitioner in the service along with all consequential service benefits.

And pass any other appropriate order/orders, direction/directions as this Hon'ble Court m ay deem fit and proper.”

4. It is contended that by facing due recruitment process, petitioner was appointed as a Constable (G.D.) in the establishment of CISF, where he joined on 19.03.2001. It is contended that even though petitioner in his application contended that he belongs to SEBC category, his caste being “Khandayat” so available under Annexure-C/5, but petitioner on the face of such intimation, was provided with appointment as against OBC category.

4.1. It is contended that while so continuing and on the ground that petitioner does not belong to OBC, a proceeding was initiated against him vide Memorandum dated 22.08.2020 under Annexure-1. Article of Charge framed in the said proceeding reads as follows:-

“That, CISF No. 011220044, Const/GD Pradipta Samal of CISF Unit ASG Bhubaneswar while recruitment process in Central Industrial Security Force for the post of Constable/GD, claimed himself as OBC candidate for his personal gain and got appointment to the rank as OBC on 19/03/2001. On verification from the competent authority, it is found that the individual belongs to “KHANDAYAT” caste which is under SEBC category as per notification of Govt. of Odisha which does not come under OBC category as prescribed by Govt. of India. It shows that the individual got recruited in CISF fraudulently by misleading the department which tantamount to gross misconduct which is unbecoming of a member of a disciplined Force like CISF. Hence the charge.”

4.2. It is contended that petitioner though filed his written statement of defence and participated in the enquiry, but without proper appreciation of the fact that petitioner was duly appointed as a Constable (G.D) in the year 2001 and that petitioner has not committed any fault to get the benefit of appointment, the Disciplinary Authority vide order dated 27.02.2021 under Annexure-10, passed the order of discharge. Such order of discharge passed under Annexure-10, was confirmed by the Appellate Authority vide order under Annexure-12 and by the Revisional Authority vide order under Annexure-14.

4.3. Learned counsel for the petitioner vehemently contended that since petitioner at no point of time suppressed any material fact to get the benefit of appointment as an OBC candidate and in his application, he clearly disclosed that he belongs to SEBC category and produced the certificate accordingly so available under Annexure-C/5, after allowing him to continue for around 19 years, there was no necessity to initiate the proceeding with the charges vide Annexure-1.

4.4. It is also contended that since petitioner without any fault of his own got the benefit of