Krishna Murari, J.;—

Heard Shri Vijay Gautam, learned counsel for the petitioner and learned Standing Counsel for the respondents.

2. These are two connected writ petitions filed by the same petitioner and, hence, are being decided by this common judgment.

3. By means of Writ Petition No. 27252 of 2010, challenge has been made to the notice dated 21.04.2010 issued to the petitioner to show cause why the appointment obtained by him fraudulently and illegally be not cancelled. Writ Petition No. 56069 of 2011 has been filed challenging the order dated 01.06.2010 passed by the Commandant, 15th Battalion, PAC, Agra cancelling the appointment as well as orders dated 04.05.2011 and 30.08.2011 dismissing the appeal and revision.

4. Facts in brief giving rise to the dispute are as under.

5. Petitioner was appointed as Constable in Provincial Armed Constabulary (for short 'PAC') on 01.04.1992 on a permanent post after having cleared the requisite physical, written as well as medical examination. Petitioner, along with the application form, had submitted a certificate certifying him to be a member of Scheduled Tribe category and, accordingly, he was accorded benefit of reservation policy. A show cause notice dated 21.04.2010 was issued to the petitioner requiring him to show cause as to why his appointment be not cancelled as the same was obtained by submitting a forged certificate certifying him to be a member of Scheduled Tribe, whereas he, being a 'nat' by caste, was a member of Scheduled Caste. Petitioner submitted his reply dated 12.05.2010 denying all the charges. It was categorically mentioned in the reply that petitioner had made an application clearly stating that he belonged the 'nat' community and the caste certificate was issued to him in the year 1991 by the Tehsildar, Firozabad after an enquiry and a report submitted by the Lekhpal/Kanoongo. It was further submitted that the certificate is a genuine document issued by the Tehsildar and there has been no concealment or fabrication done by the petitioner. After considering the reply submitted by the petitioner, respondent no. 5 vide order dated 01.06.2010 cancelled the appointment of the petitioner on the ground that he wrongly and fraudulently obtained appointment on the basis of a certificate certifying him to be a member of Scheduled Tribe, though 'nat' community was notified as a Scheduled Caste. Appeal and revision filed by the petitioner was also dismissed.

6. It is contended by the learned counsel for the petitioner that the petitioner has been dismissed from service without following the procedure prescribed only on the basis of a show cause notice and without considering the reply submitted to the same as well as without holding a regular departmental inquiry. It has further been pointed out that dismissal from service on the allegation of fraud and forged certificate without any regular departmental inquiry, is in violation of Rules 8 and 14 of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991.

7. On the other hand, learned Standing Counsel submitted that since the petitioner had obtained appointment on the basis of forged and fabricated caste certificate, his appointment has righty been cancelled after a show cause notice and opportunity to defend himself. It has further been submitted that it is not a case of any misconduct during the service period, as such, no departmental inquiry was required to be undertaken and the cancellation of appointment cannot be said to be in violation of any of the provisions of service rules.

8. I have considered the argument advanced by the learned counsel for the parties and perused the record.

9. It is undisputed that the petitioner obtained the appointment on the basis of caste certificate, which certified that he is a member of the Scheduled Tribe, though 'nat' caste to which the petitioner belongs, was notified as Scheduled Caste. In the counter affidavit, it has been mentioned in paragraph 4 that he was

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