Non-Reportable  

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3179 OF 2007

Shiv Pujan Prasad (Dead) by Lrs.                            …   Appellants

Versus

State of U.P. & Anr.        … Respondents    

J U D G M E N T

K.S. Radhakrishnan, J.

1. 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.

2. 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. and also  

the pension due to him.  

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3. Shiv Pujan Prasad was initially appointed as an Overseer in the  

Public  Works Department  of  the State of  Uttar  Pradesh on 25.06.1971.  

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.  The post of Overseer  

was subsequently designated as Junior Engineer and he was confirmed in  

that post on 14.01.1974.  On 01.04.1978, Shiv Pujan Prasad was awarded  

selection grade.  Later, on 27.1.1982, he was promoted as an Assistant  

Engineer,  a  post  reserved  for  scheduled  castes.   The  Chief  Engineer,  

however, subsequently passed an order reverting him to the post of Junior  

Engineer  on the  ground that  he did  not  belong to  the  scheduled caste  

community.   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.   Shiv  Pujan  Prasad  

brought up the matter before this Court, by way of appeal by special leave,  

in Civil Appeal No.2964/1985.  It was contended before this Court that the  

caste status of Shiv Pujan Prasad was determined without giving him any  

effective  opportunity  to  submit  his  defence.   Counsel  appearing  for  the  

State of Uttar Pradesh fairly conceded to that fact. This Court, therefore,  

set aside the impugned order and directed the District Collector, Varanasi,  

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to hold a fresh enquiry after giving reasonable opportunity to Shiv Pujan  

Prasad to defend his case. 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  

completed within two months.   

4. Pursuant to the directions of this Court, a fresh inquiry was held  

by Collector, Varanasi, through Sub-Divisional Officer, Chakiya, Varanasi.  

It was found that Shiv Pujan Prasad belonged to  “Manjhi” (Majhwar) by  

caste, which is a scheduled caste.  A copy of the report dated 25.8.1985  

was submitted by the Sub-Divisional Magistrate to the District Magistrate,  

Varanasi.  The District Magistrate, Varanasi, referring to the judgment of  

this Court in Civil Appeal No.2964 of 1985 forwarded a communication to  

the Registrar  of  Supreme Court  of  India,  enclosing a copy of  the order  

passed in pursuance of the directions of this Court.  A copy of the letter  

was also forwarded to the Special Secretary, Government of Uttar Pradesh,  

Public Works Department, Section 8, Lucknow.   

5. Shiv Pujan Prasad had to file a contempt petition before this  

Court since authorities did not permit him to function as Assistant Engineer  

in spite of the determination of his caste as ordered by this Court.  The  

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Respondents had to express their unconditional apology for not complying  

with  the  order  of  this  Court.  Accepting  the  apology,  the  contempt  

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  

continued in service.  He was promoted as Executive Engineer vide order  

dated 02.02.1985.

6. The  State  Government  later  received  a  complaint  dated  

03.02.1998  from  the  General  Secretary  of  an  Association  called  Kisan  

Sangharsh Samiti, Mirzapur, Sonebhadra, questioning the caste status of  

the appellant.  Another complaint was registered before the Uttar Pradesh  

Schedule Caste and Schedule Tribe, Commission, by the All India SC, ST,  

Backward Classes and Minority Employees Welfare Association, Pipri, on  

20.04.1999.  The Commission ordered yet  another enquiry on the caste  

status of Shiv Pujan Prasad under Section 11 of U.P. Schedule Caste and  

Schedule Tribe Commission Act, 1995. Enquiry revealed that Shiv Pujan  

Prasad belonged to “Mallah” community which is a backward community  

and that he did not belong to “Manjhi” community which is a Scheduled  

Caste.  Pointing out that Shiv Pujan Prasad had obtained appointment on  

the basis of forged caste certificate, an FIR was lodged against him by the  

Department for an offence punishable under Section 420 IPC.  Shiv Pujan  

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Prasad  was  then  placed  under  suspension  pending  disciplinary  

proceedings.   The  Enquiry  Report  held  that  Shiv  Pujan  Prasad  got  

appointment  on the  basis  of  forged caste  certificate  in  which  the  caste  

“Manjhi” was written in place of “Mallah” and got several promotions in the  

service.  The Government accepted the report and dismissed Shiv Pujan  

Prasad  from  service  on  29.7.2005,  two  days  prior  to  the  date  of  his  

superannuation.  The correctness of that order is in issue before us.

7. Shri Dinesh Dwivedi, learned senior counsel appearing for the  

appellants submitted that the respondents have committed a grave error in  

dismissing Shiv Pujan Prasad from service few days before his retirement.  

Learned  counsel  submitted  that  the  correctness  or  otherwise  of  the  

certificate issued on 22.02.1971 by the District Magistrate holding that Shiv  

Pujan Prasad belonged to “Manjhi”  community,  which was a Scheduled  

Caste,  was  the  specific  issue  before  this  Court  in  Civil  Appeal  

No.2964/1985.   This  Court  ordered  a  fresh  enquiry  by  the  Collector,  

Varanasi, which was endorsed by the learned counsel appearing for the  

State Government as well.   Consequently,  the Collector was directed to  

conduct  a  fresh  enquiry  with  regard  to  the  genuineness  of  the  caste  

certificate  issued  on  22.02.1971.   Enquiry  revealed  that  the  certificate  

issued on 22.02.1971 was in order.   Later  Shiv Pujan Prasad was also  

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promoted as Assistant Engineer and thereafter as Executive Engineer. The  

matter,  therefore,  attained  finality.   In  such  a  situation  learned  counsel  

submitted  that  there  was  no  justification  in  re-opening  an  issue  at  the  

instance of the third party, that too after a decade.

8. Shri  Pramod  Swarup,  learned  senior  counsel  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.   Learned  senior  counsel  

submitted  that  the  respondents  were  therefore  justified  in  conducting  a  

detailed enquiry in spite of the earlier enquiry conducted on the basis of the  

direction of this Court.

9. We fail to see how the State Government can conduct a fresh  

enquiry when this Court had specifically directed the District Collector to  

conduct 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 consequence of which he was taken back and continued  

in service and was even given further promotions.  Further,  the Division  

Bench of the Allahabad High Court has also recorded a clear finding that  

Shiv Pujan Prasad had not forged his caste certificate dated 25.08.1985  

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showing his  caste as “Majhwar”  or  “Manjhi”  belonging to  the scheduled  

caste and that  he had not  forged his  earlier  caste certificate  issued on  

22.02.1971.   The Division Bench also recorded a clear finding rejecting the  

contention 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 contention was wholly misconceived and  

misplaced.  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 not justified under law.  

The findings recorded by the Division Bench have not been challenged by  

the respondents before this court and hence those findings have become  

final.  In such a situation, we fail to see how the respondents can re-open  

the entire issue which was given a quietus in the year 1985 that too at the  

instance  of  a  third  party.   On  the  strength  of  the  order  passed  by  the  

authorities, Shiv Pujan Prasad was promoted as Assistant Engineer and  

later  as Executive Engineer and few days before his retirement  he was  

dismissed from his service, which in the facts and circumstances of this  

case was totally unjustified.   

10. We have already indicated that while this matter was pending  

before this Court, Shiv Pujan Prasad died and, therefore, wife and children  

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are claiming entire post retiral benefits including the provident fund, leave  

encashment, gratuity, group insurance, etc. and also the pension due to  

him which have been denied to them, which they are entitled to get.  For  

the reasons stated above we are inclined to allow this appeal and set aside  

the judgment of the High Court passed in Writ Petition No.5709/2005 and  

also  the  order  of  dismissal  dated  29.07.2005.   There  will  be  a  further  

direction to the respondents to disburse entire post-retiral benefits including  

the provident fund, leave encashment, gratuity, group insurance, etc. and  

also the pension due to Shiv Pujan Prasad to the appellants forthwith.   

11. We  record  these  findings  in  view  of  the  peculiar  facts  and  

circumstances of the case and that this judgment shall not be treated as a  

final determination of the caste status with reference to the legal heirs of  

Shiv Pujan Prasad.  Appeal is allowed, as above.

……………………………J.     (R.V. Raveendran)

……………………………J.     (K.S. Radhakrishnan)

New Delhi; November 30, 2009.

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