An employee cannot be terminated on undisclosed evidence contradicting an uncancelled caste certificate.

The petitioner was appointed by Hindustan Aeronautics Ltd. (HAL) as a reserved-category Turner-B in 1971 and, on joining, submitted a caste certificate issued by the Additional District Magistrate identifying him as a Scheduled Caste member of the “Mala” sub-caste.

He continued in service and received promotions.

In 1995, HAL alleged that he did not belong to the Scheduled Caste and had obtained appointment using a false certificate.

Following an inquiry, the disciplinary authority terminated him in 1997; the appellate authority dismissed his appeal in 2019.

The petitioner challenged both orders, relying, among other things, on the fact that his caste certificate had never been cancelled and on Damodar Mohapatra v. Union of India & Ors., 2012 (II) OLR 111.

1. Whether HAL could terminate the petitioner for allegedly obtaining reserved-category employment through a false caste certificate when the certificate had not been cancelled in accordance with law.

2. Whether the disciplinary authority could rely on adverse communications that had not been supplied to the petitioner during the disciplinary proceedings.

3. Whether the termination and appellate orders were sustainable in light of the decision in Damodar Mohapatra.

Articles 226 and 227 of the Constitution empower the High Court to review administrative and disciplinary decisions for legality.

Under Article 341 and the applicable Presidential Orders specifying Scheduled Castes, the “Mala” community was listed as a Scheduled Caste in Odisha.

The Court held that, in the circumstances of this case, the benefit of the petitioner’s caste certificate could not be taken away while the certificate remained uncancelled in accordance with law.

It also applied the principles of natural justice: adverse material relied on against an employee must be disclosed so the employee has an opportunity to answer it.

The Court relied on Damodar Mohapatra v. Union of India & Ors., 2012 (II) OLR 111, which had quashed a similar termination and directed continuation in service until superannuation with financial benefits.

The petitioner’s caste certificate identified him as “Mala,” a community included in the Scheduled Caste list, and HAL produced no material showing that the certificate had been cancelled.

The disciplinary authority relied on letters from the Tahasildar, Aali and the District Welfare Officer, Kendrapada, but those letters had not been furnished to the petitioner; the Court held that their contents could not properly be used against him.

It further found the case materially similar to Damodar Mohapatra, whose ruling had also been directed to be considered in the petitioner’s appeal.

It declared that the petitioner was to be treated as having continued in service until superannuation and was entitled to the service and financial benefits due to him.

HAL was directed to complete the exercise within three months of receiving the judgment.