Termination of service based on reclassification of caste is unlawful if the applicant acted in good faith and without fraud or misrepresentation.

ORDER

Hon’ble Mr. B. Anand, Member (A):

The applicant, a resident of District Samastipur, Bihar, belonging to the ‘Lohar’ community, appeared in the Staff Selection Commission – Combined Graduate Level Examination, 2015, and was selected for appointment to the post of Auditor under the Other Backward Class (OBC) category. A caste certificate dated 19.09.2015 was issued by the District Collector, Samastipur, Bihar, certifying that the applicant belongs to the ‘Lohar’ community, which, at the relevant point of time, was recognised as an OBC in the State of Bihar.

2. Subsequently, the Government of Bihar issued Notification No. 10818 dated 23.08.2016, whereby the ‘Lohar (Lohara)’ community was treated as a Scheduled Tribe (ST). Pursuant thereto, the applicant, armed with a Scheduled Tribe certificate, appeared in the Combined Graduate Level Examination, 2017 conducted by the Staff Selection Commission under the quota reserved for Scheduled Tribe candidates and was selected to the post of Assistant Accounts Officer (AAO). At the time of joining the said post on 30.07.2020, the applicant submitted a caste certificate dated 02.02.2017, certifying that she belongs to the ‘Lohara (Lohar)’ community, then treated as a Scheduled Tribe under the said Bihar Government notification.

3. However, the aforesaid notification dated 23.08.2016 was challenged before the Hon’ble Supreme Court in W.P. (C) No. 1052 of 2021, titled Sunil Kumar Rai v. State of Bihar, reported in 2022 SCC OnLine SC 232, wherein the Hon’ble Apex Court, by judgment dated 21.02.2022, quashed the said notification and also passed strictures against the Government of Bihar for attempting to include the Lohara community in the Scheduled Tribe list without authority of law.

4. Consequent upon the quashing of the said notification, the respondents issued a memorandum dated 31.01.2023, calling upon the applicant to clarify as to whether she belongs to the ST or OBC category and to furnish a fresh caste certificate. The memorandum further stated that if the certificate did not establish her eligibility under the ST category, her services were liable to be terminated, as she had been appointed against a post reserved for Scheduled Tribe candidates. The applicant thereafter furnished a fresh certificate indicating that she belongs to the OBC category and not the ST category. Accordingly, since the applicant was still on probation, the respondents terminated her services from the post of AAO. However, taking a sympathetic view, the respondents reinstated the applicant to her earlier post of Auditor in the office of the PAG (Audit)-I, Chennai, vide letter dated 03.05.2024, notwithstanding the fact that her extended lien on the said post had expired on 24.07.2022.

5. The applicant is aggrieved by the action of the respondents vide the impugned order dated 22.11.2023 which is now chosen to terminate her from her earlier post of ‘AAO’ and now relegated to her initial appointment as ‘Auditor’ and hence has filed this OA claiming the following relief(s):-

“a) Issue an appropriate direction or order quashing and setting aside the Termination order No.129 dated 22.11.2023 issued by the Principal Director of Audit (Industry and Corporate Affairs); and

b) Issue an appropriate direction or order, directing the Respondents to reinstate the Applicant to her post of Assistant Audit Officer in the Office of the Principal Director of Audit, Industry and Corporate Affairs, New Delhi with all consequent pay, allowances and benefits without any break in service.; and

c) Pass any order or direction this Hon’ble Tribunal deems fit in the fa