IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.506 of 2008 BALRAM DAS . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 27/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 18.10.2006 dismissing the petitioner from service. The petitioner came to be appointed in 1985 and confirmed in 1994. He was appointed as a Scheduled Caste Candidate by the Block Development Officer, Tarmar vide Certificate No.103 dated 18.2.1977. Long after he was safely ensconced in service he was given a show cause notice on 26.8.2002 that he had obtained employment on a wrong caste certificate. On 3.2.2003 he was suspended. The enquiry appears to have been initiated at the behest of a complaint by a busy body. The District Supply Officer who made the initial enquiry and submitted a report on 10.6.2002 was not examined in the enquiry. The petitioner, therefore, did not have the opportunity to cross-examine him. The enquiry report dated 28.10.2003 held him guilty. He was given a second show cause notice to which also he replied. Learned counsel for the petitioner has made 2 a very short submission to contend that while the allegation is that the Block Development Officer, Tarmar was not competent to issue caste certificate, that certificate has not been cancelled till date and remains valid. The aforesaid submission pleaded in paragraph-38 of the writ petition has been answered in paragraph-24 of the counter affidavit that it needs no reply. This Court from a reading of the entire counter affidavit finds that there is no averment of the caste certificate having been cancelled. The impugned order dated 18.10.2006 is, therefore, not sustainable. The application is allowed with all consequential benefits. KC ( Navin Sinha, J.)