JUDGMENT :

1. Heard Sri Jafar Naiyar, learned Senior Counsel assisted by Sri Prem Narayan Rai and Sri Himanshu Kumar, learned counsels for the petitioner and Sri Rohan Gupta, learned counsel assisted by Sri Shivam Shukla, learned counsels for the respondent.

2. Petitioner, by the instant writ petition is assailing the order dated 6 November 2017, passed by the second respondent, Chairman, Board of Governors, Indian Institute of Technology, Kanpur [IIT Kanpur], District Kanpur Nagar, affirming the order of dismissal dated 20 April 2017, passed by the third respondent, Director, IIT Kanpur, District Kanpur Nagar.

3. The facts giving rise to the instant petition is that petitioner applied for the post of bus conductor pursuant to Advertisement No. 24 of 1982, under the Scheduled Caste (SC) category on the strength of caste/social status certificate dated 14 July 1978, being member of 'Majhwar' community. The caste certificate was duly issued by the Tehsildar, Tehsil Kalpi, District Jalaun. Petitioner came to be appointed on the post of bus conductor on 28 May 1983, subsequently, was confirmed and made permanent on 30 March 1988, on the post of Bus Conductor Grade-II. On a complaint received by IIT Kanpur, alleging that petitioner obtained appointment on a forged caste certificate. Petitioner belongs to Other Backward Class (OBC), i.e. caste 'Kewat'. On the complaint, petitioner was subjected to notice dated 22 April 2014, calling upon him to show cause. Petitioner replied to the show cause notice denying the allegations levelled against him. The competent authority of the IIT Kanpur communicated with the District Magistrate, Jalaun, to enquire into the social status of the petitioner. No response was received, consequently, IIT Kanpur sought the intervention of the Ministry of Human Resources Development, Government of India. The Human Resources Department vide communication dated 11 March 2015, requested the Chief Secretary, Government of Uttar Pradesh, to direct the District Magistrate, Jalaun, to enquire into the matter. It appears, thereafter, the District Magistrate, Jalaun at Orai, vide communication dated 30 April 2015, informed IIT Kanpur that petitioner belongs to 'Kewat/Mallah/Nishad’ community which is notified as OBC.

4. Petitioner came to be suspended on 22 June 2015, and was also served the articles of charge along with imputation of misconduct and the list of documents and witnesses in support of the charges. Three charges were leveled against the petitioner primarily alleging that petitioner had obtained appointment under the SC category, intentionally and deliberately misrepresenting his caste as ‘Majhwar’, whereas, in fact, he belongs to 'Kewat' caste recognized as OBC notified by the Government of India. Petitioner filed written statement denying the charges, consequently, an enquiry officer came to be appointed. The IIT Kanpur sought to prove the charge on the statement of three witnesses, including, Tehsildar, Tehsil Kalpi, District Jalaun. The witnesses appeared and deposed in the presence of the petitioner, he was allowed to cross examine them. In defence, petitioner offered himself as a defence witness and Sri Munna Lal his cousin. Petitioner contended before the enquiry officer that he was born in ‘Majhwar’ community which is recognized as SC. In support of his contention, he submitted copy of the family register, wherein, it has been shown that he belongs to hindu ‘Majhwar’ caste. Reliance was placed on an order passed by this Court in a petition being Writ Petition No. 42794 of 2002 (Smt. Shashi Lata Versus Superintending Engineer and others), wherein, the niece of the petitioner Smt. Shashi Lata was held belonging to ‘Majhwar’ community, accordingly, on the directions of this Court she came to be reinstated. It was further alleged that the proceedings initiated against the petitioner is malicious as it has been initiated on the complaint of the Secretary of the society against whom petitioner made complain