Sir please go through the case... the applicant has filed this O.A. before us seeking the following relief:- (a) quash and set aside the impugned orders and (b) direct the respondents to reinstate the applicant forthwith in service with all consequential benefits including continuity in service as of Scientific/Technical Assistant B (c) direct the respondents to further consider the applicant for appointment to the post of Scientific officer/engineer-SB (District Information officer) with all consequential benefits award costs of the proceedings and pass any other order/direction which this Honble Tribunal deem fit and proper in favour of the applicant and against the respondents in the facts and circumstances of the case. 2.
Brief facts of the case are that the applicant initially joined on the post of Scientific/Technical Assistant-B in National Informatics Centre (NIC) on 15.06.2006. He completed his training and probation successfully. During his service tenure at Chapra there was an advertisement issued by NIC for recruitment to the post of Scientific Officer/Engineer-SB (District Informatics Officer). This post was of a higher level as compared to the post the applicant was working on. He, therefore, applied for the same and successfully passed the exam and the interview. He also appeared in the medical examination and was found to be fit. 3. On 07.09.2009 he received a Memo requiring him to appear before Joint Director, Vigilance, NIC, New Delhi on 10.09.2009 with all the original certificates including caste certificate submitted by him at the time of his initial recruitment in NIC. He complied by the instructions. However, on 22.12.2009, he received a Memo from the Vigilance Officer that the OBC certificates dated 13.06.2006 and 05.07.2006 submitted by him for the post of Scientific Officer/Technical Assistant-B as well as Scientific Officer/Engineer-SB including the OBC certificate dated 30.09.2005 (which was on State Government proforma) were got verified and were found not to have been issued by the competent authority. He was directed to show cause why action should not be taken against him for submitting unauthorized certificates. He submitted his explanation and after considering the same order dated 02.06.2010 was passed by which his services were terminated. He had preferred OA before Patna Bench in which directions were given as quoted above. In compliance of those directions, the impugned order dated 08.11.2011 has been passed by the respondents confirming his termination. The present O.A. has been preferred against this order. This was the case, now Honble CAT order as follows........................... Under these circumstances, we direct that the respondents may once again get an enquiry conducted with the help of District Authorities of Gonda to establish whether the claim of the applicant that he belongs to Behna (Dhuniya) caste and is not covered under creamy layer is true or not. For this purpose, the respondents may consider any of the certificates produced by the applicant including the certificate produced by the applicant dated 18.03.2010. If need be a responsible officer may be deputed to take District Authorities of Gonda to verify the claim of the applicant. We once again emphasize that is enquiry will be to ascertain whether the applicant actually belongs to Behna (Dhuniya) caste and was not in the creamy layer during the relevant period entitling him to the benefit of OBC reservation. This exercise will be completed within a period of six weeks from the date of receipt of a copy of this order. In case the claim of the applicant is found to be correct then he will be reinstated in service with consequential benefits of seniority, pay fixation and promotion. He will, however, not be paid back wages for the period he has not actually worked. In case his claim is not substantiated then he will be informed by a speaking order and the impugned order dated 08.11.2011 would be confirmed. With these directions, this O.A. is disposed of. There shall be no order as to costs. .................................................After this the respondent have reinstated the applicant in Service on the post of Scientific Technical Assistant-B but they have not been giving promotion on the Scientific Officer/Engineer Sb post as pryaed in Prayer(C) of the O.A ..kindly suggest what to do in this case...neeed to file additional O.A or any other remedy..
