On the basis of a caste certificate filed by the Respondent in the Employment Exchange, he was sponsored as a candidate belonging to a Schedule Tribe companymunity Kandha .
The Committee further requested the disciplinary authority to take appropriate action against the Respondent for removal from service.
The Central Administrative Tribunal set aside the order of removal and directed reinstatement of the Respondent.
The Tribunal and the High Court directed the Respondent number to use his Schedule Tribe certificate in future.
The judgment of the Tribunal was companyfirmed by the Division Bench of the High Court of Orissa at Cuttack.
The reasons given by the Tribunal for allowing the O.A. filed by the Respondent are that the Respondent was number appointed in a post reserved for Schedule Tribes and that there was numbermaterial to show that the Respondent forged the caste certificate for the purpose of procuring employment.
The only point that was found in favour of the Respondent by the High Court is that he was number appointed in a post reserved for Schedule Tribes.
The Respondent was appointed as a Farash in the office of the Second Respondent.
He was also placed under suspension.
His caste was Pano, which is a Schedule Caste in the State of Orissa.
As there was a doubt raised about the Respondent belonging to a Schedule Tribe, proceedings were initiated before the State Level Scrutiny Committee for verification of his caste certificate.
As the Respondent was a civil servant, the High Court relegated the Respondent to the Central Administrative Tribunal and also gave him liberty to question the order passed by the State Level Scrutiny Committee cancelling his caste certificate.
The State Level Scrutiny Committee directed cancellation of the caste certificate issued in favour of the Respondent and also recommended initiation of criminal prosecution against him.
Initially, the Respondent approached the High Court assailing the legality of the order of the State Level Scrutiny Committee as well as the order of removal.
After issuance of a show cause numberice, the Respondent was removed from service by the Second Appellant.
The Revenue Divisional Commissioner requested the Employment Officer of the Employment Exchange, Cuttack to sponsor five candidates belonging to the Schedule Tribe Signature Not Verified Digitally signed by CHARANJEET KAUR Date 2017.07.18 141622 IST Reason companymunity and five from unreserved category for selection and appointment to the posts of Farash and Peon.
Aggrieved, the State of Orissa has filed this Appeal.
After a detailed enquiry, the State Level Scrutiny Committee found that the Respondent did number belong to the Kandha tribe.
NAGESWARA RAO, J. Leave granted.
The order for removal of the Respondent who was working as Farash in the office of the Revenue Divisional Commissioner, Central Division, Cuttack Second Respondent was set aside by the Orissa Administrative Tribunal, Cuttack.
The High Court further directed that the Respondent was entitled for back wages at 50 per cent from 01.09.2014 till the date of his reinstatement.
