The findings recorded by the Division Bench have number been challenged by the respondents before this companyrt and hence those findings have become final.
Further, the Division Bench of the Allahabad High Court has also recorded a clear finding that Shiv Pujan Prasad had number forged his caste certificate dated 25.08.1985 showing his caste as Majhwar or Manjhi belonging to the scheduled caste and that he had number forged his earlier caste certificate issued on 22.02.1971.
The High Court also expressed the opinion that the criminal prosecution initiated against Shiv Pujan Prasad on the basis of the report of the Sub Divisional Magistrate dated 30.03.2000 was number justified under law.
This Court ordered a fresh enquiry by the Collector, Varanasi, which was endorsed by the learned companynsel appearing for the State Government as well.
and also the pension due to him.
Later, on 27.1.1982, he was promoted as an Assistant Engineer, a post reserved for scheduled castes.
While entering service he produced a certificate dated 22.02.1971 issued by the Sub Divisional Magistrate, Chakia, showing that he belonged to Manjhi Majhwar Community, a scheduled caste.
He was promoted as Executive Engineer vide order dated 02.02.1985.
This Court, therefore, set aside the impugned order and directed the District Collector, Varanasi, to hold a fresh enquiry after giving reasonable opportunity to Shiv Pujan Prasad to defend his case.
Enquiry revealed that the certificate issued on 22.02.1971 was in order.
Shiv Pujan Prasad challenged the above mentioned order before the High Court of Allahabad, in Writ Petition No.5709/2005 and also sought a direction to disburse the entire post retiral benefits including the provident fund, leave encashment, gratuity, group insurance, etc.
In such a situation learned companynsel submitted that there was numberjustification in re opening an issue at the instance of the third party, that too after a decade.
The Respondents had to express their unconditional apology for number companyplying with the order of this Court.
Accepting the apology, the companytempt proceedings were dropped by this Court vide order dated 27.11.1987, Shiv Pujan Prasad was permitted to resume work as an Assistant Engineer and companytinued in service.
Shiv Pujan Prasad was also permitted to hold the post of Assistant Engineer, and it was ordered that his further posting would be governed by the outcome of the enquiry which was directed to be companypleted within two months.
Later Shiv Pujan Prasad was also promoted as Assistant Engineer and thereafter as Executive Engineer.
Aggrieved by the order of reversion, Shiv Prasad preferred Writ Petition No.4080 of 1984 before the Lucknow Bench of the Allahabad High Court which was dismissed on 24.08.1984.
The matter, therefore, attained finality.
A companyy of the report dated 25.8.1985 was submitted by the Sub Divisional Magistrate to the District Magistrate, Varanasi.
Consequently, the Collector was directed to companyduct a fresh enquiry with regard to the genuineness of the caste certificate issued on 22.02.1971.
On 01.04.1978, Shiv Pujan Prasad was awarded selection grade.
The State Government later received a companyplaint dated 03.02.1998 from the General Secretary of an Association called Kisan Sangharsh Samiti, Mirzapur, Sonebhadra, questioning the caste status of the appellant.
A companyy of the letter was also forwarded to the Special Secretary, Government of Uttar Pradesh, Public Works Department, Section 8, Lucknow.
Shri Pramod Swarup, learned senior companynsel for the respondents submitted that Shiv Pujan Prasad was guilty of forging the caste certificate, thereby entered service in the PWD Department and, accordingly, got further promotions in service.
The Chief Engineer, however, subsequently passed an order reverting him to the post of Junior Engineer on the ground that he did number belong to the scheduled caste companymunity.
Learned senior companynsel submitted that the respondents were therefore justified in companyducting a detailed enquiry in spite of the earlier enquiry companyducted on the basis of the direction of this Court.
We fail to see how the State Government can companyduct a fresh enquiry when this Court had specifically directed the District Collector to companyduct an enquiry to determine the caste status of Shiv Pujan Prasad, who found that he belonged to Manjhi caste which was accepted by the Department as a companysequence of which he was taken back and companytinued in service and was even given further promotions.
The Division Bench also recorded a clear finding rejecting the companytention of the respondents that Shiv Pujan Prasad had earlier obtained caste certificate fraudulently by playing fraud or misrepresenting the authorities and held that such a companytention was wholly misconceived and misplaced.
Shiv Pujan Prasad brought up the matter before this Court, by way of appeal by special leave, in Civil Appeal No.2964/1985.
Pursuant to the directions of this Court, a fresh inquiry was held by Collector, Varanasi, through Sub Divisional Officer, Chakiya, Varanasi.
Shiv Pujan Prasad had to file a companytempt petition before this Court since authorities did number permit him to function as Assistant Engineer in spite of the determination of his caste as ordered by this Court.
The post of Overseer was subsequently designated as Junior Engineer and he was companyfirmed in that post on 14.01.1974.
Shiv Pujan Prasad was initially appointed as an Overseer in the Public Works Department of the State of Uttar Pradesh on 25.06.1971.
S. Radhakrishnan, J. This appeal is being prosecuted by the widow and children of one Shiv Pujan Prasad who died pending this appeal.
On the eve of his retirement, as an Executive Engineer, he was served with an order of dismissal vide Office Memo dated 29.7.2005 dismissing him from service following a disciplinary enquiry initiated under Rule 7 of the U.P. Government Servant Discipline and Appeal Rules, 1999.
