Dismissal based on a potentially misclassified caste status certificate violated principles of natural justice as the petitioner was not given a fair opportunity to defend himself before termination.

JUDGMENT

Arindam Lodh, J. - Heard Mr. T. K. Chowdhury, learned counsel appearing for the petitioner. Also heard Mr. B. Majumder, learned CGC appearing for the respondents.

By way of filing the present writ petition, the petitioner has challenged the impugned order of dismissal from service vide order dated 24.012.2007 issued by the Commandant, 120 BN., CRPF and sought for reinstatement.

2. Brief facts of the case are as under:

2.1 The petitioner, in pursuance of an advertisement, had applied for the post of constable under the respondents. He appeared in the selection process and later on appointed as constable. After such appointment he was dismissed from service on the ground that he produced fake caste status certificate at the time of appointment. In this respect, a disciplinary proceeding was initiated and in that disciplinary proceeding it was held that the petitioner was not belonged to the member of Scheduled Tribe (ST for short) community, rather he belongs to Other Backward Community (OBC for short).

2.2. The case of the petitioner is that he belongs to Koch Raj Bongshi Community and presently, Koch Raj Bongshi Community enlisted as OBC in the State of Assam. However, by the Constitution(ST) Order of Amendment Ordinance, 1996, which was published in the Gazette vide notification dated14.02.1996, wherein, the Koch Raj Bongshi Community was accorded the status of ST. Keeping in mind with the said change in status, Government of Assam in the WPT-DC, Department, issued office memorandum dated 15.03.1996, authorizing the President/General Secretary of Assam, Koch Raj Bongshi Sammiloni as well as the President/General Secretary of the District Units, issued the caste certificate to a member of Koch Raj Bongshi Community as per prescribed format and it is pertinent to mention here that the caste certificate so issued was required to be counter signed by the Deputy Commissioner of the District or by the concerned Sub-Divisional Officer, as the case may be.

3. The petitioner was issued with a caste status certificate showing him as a member of ST (Koch Raj Bongshi) Community by the General Secretary, Borpeta District Unit of the authorized committee namely, All Assam Koch Rajbongshi Sammiloni. The said certificate dated 19.04.1998 was counter signed by the Deputy Commissioner Borpeta on 24.04.1998. Accordingly, at the time of recruitment process and the subsequent appointments he produced the said certificate dated 19.04.1998 and was appointed as constable under the respondents as ST (Koch Raj Bongshi) Community.

4. After rendering the service for about 5 (five) years, the petitioner was served with a show cause notice to clarify as to why he would not be dismissed from service for production of fake status certificate at the time of his appointment under the respondents and in this respect, an Inquiry Officer was also appointed & detailed inquiry was conducted. During inquiry, the petitioner came to know that by the Presidential Order caste status of a member belonging to Koch Raj Bongshi Community was converted into OBC and for that reason, he admitted his guilt.

5. Learned counsel appearing for the petitioner has submitted that in course of inquiry itself, the members of Koch Raj Bongshi Sammiloni, the authorized persons i.e. the President/General Secretary, had communicated vide letter dated 20.08.2007 that the petitioner belongs to ST (Koch Raj Bongshi) Community in the State of Assam. It is further stated in the letter that the petit