This order was passed under Rule 7 of the Orissa Miscellaneous Certificate Rules and Rule 8 2 of the Orissa Caste Certificate for SC ST Rules.
Under such circumstances the appellant decided to initiate disciplinary proceedings against the respondent for having companymitted gross misconduct in terms of para 521 4 n of the Sastry Award.
The respondent herein secured employment in the appellants establishment against a post reserved for the Scheduled Tribes on the basis of a Scheduled Tribe certificate issued by the Tahsildar, Nowrangpur.
Subsequently the Tahsildar cancelled the said certificate after it was found that the respondent does number belong to a Scheduled Tribe.
The respondent challenged the order of termination of service in the High Court of Orissa under Articles 226 and 227 of the Constitution of India.
The charge against the respondent was that he secured the appointment by fraudulent means by submitting a false Scheduled Tribe certificate.
It is against this order the appellant has companye up before this Court by means of a special leave petition.
The respondent filed his explanation.
The appellant after giving an opportunity to the respondent terminated his services.
