JUDGMENT S.PANDA, J. - This writ petition has been filed by the petitioner challenging the order dated 03.11.2016 passed by the Odisha Administrative Tribunal, Principal Bench, Bhubaneswar in O.A. No. 913 of 2012 rejecting the prayer of the petitioner to quash the penalty order as well as the order of the appellate authority as the same is illegal, arbitrary and contrary to the materials available on record. 2. Learned counsel appearing for the petitioner submitted that the Disciplinary Proceeding was initiated against the petitioner after 26 years of service and necessary documents basing on which charges were framed was not supplied to him. Neither he has filed the application seeking appointment under reserved category nor has he submitted any document showing his caste at the time of appointment. As such the charges framed against him are not sustainable. In the Departmental Proceeding as well as before the Tribunal the Department has relied mainly on the Service Book, which was maintained by the Department wherein the caste of the petitioner was reflected as ‘Kandha’. However, the petitioner has only put his signature so far as Verification Roll is concerned. He has explained that it was filled up by the authority and he has only put his signature in English without any knowledge of reading English. Thus charges cannot be held to be proved against him and consequently imposition of penalty by the appointing authority confirmed by the appellate authority as well as the order of the Tribunal are not sustainable being perverse without any materials. In the alternative he has submitted that the case of the petitioner may be considered for grant of pension as he has rendered an unblemished service career of 26 years. In support of his submission he has relied on the decisions reported in AIR 2018 SC 566 and (2014) 4 SCC 434 . 3. Learned Addl. Government Advocate however, contended that as per the prescribed procedure the Departmental Proceeding was concluded and in the Verification Roll it was clearly stated the caste of the petitioner as ‘Kandha’, as such he was appointed under reserved category and got promotion subsequently. The petitioner has got all the benefits as a candidate of reserved category, as such his plea that the record was maintained by the Department and he is no way concerned with all those records cannot be accepted. The petitioner has got all the benefits as a candidate of reserved category, as such his plea that the record was maintained by the Department and he is no way concerned with all those records cannot be accepted. Since the Tribunal has passed the impugned order after going through the original records, the same need not be interfered with. 4. The petitioner in the Original Application has contended before the Tribunal that he being a matriculate applied for the post of Sepoy ion pursuance of the advertisement published by the authorities and on being duly selected by the Selection Committee, he was appointed as a Sepoy in 3rd Battalion, O.S.A.P., Koraput by order dated 04.05.1984 issued by the appointing authority, the Commandant. He joined in the said post on 15.05.1984. He was discharging his duties to the utmost satisfaction of the authorities. While continuing as such he was promoted to the post of Driver Havildar. 5. Thereafter a Departmental Proceeding was initiated against him on 20.09.2010 and show cause notice was issued to him with the charge that he was appointed under Scheduled Tribe Category by submitting false information as follows:- As per Candidate Register of Sepoy for the year 1984 the height of candidate in Scheduled Tribe category was mentioned in Column No. 4 Sri K.Ch. Pradhani height mentioned in the said column was 164-5 cm as well as the 100 point Roster Register maintained in the said order was reflected under the Scheduled Tribe category. In the original Service Book, his caste was mentioned as ‘Kandha’ which is coming under Scheduled Tribe category. However, over and above he had submitted false information in the verification Roll mentioning his caste as ‘Kandha’ against the column meant for caste. However, he has admitted in clear tone that he is ‘Khandayat’ by caste. Accordingly, he was directed to show cause by 10.10.2010 as to why suitable disciplinary action as deemed proper shall not be taken against him. 6. However, he has admitted in clear tone that he is ‘Khandayat’ by caste. Accordingly, he was directed to show cause by 10.10.2010 as to why suitable disciplinary action as deemed proper shall not be taken against him. 6. In pursuance of the said show cause notice, the petitioner filed an application on 22.09.2010 before the authorities with a prayer to supply the documents i.e. (i) copy of the plain paper application submitted as alleged, for enrollment, that he belongs to Scheduled Tribe Category, (ii) copy of the application form submitted by him during recruitment mentioning himself as Scheduled Tribe Candidate, (iii) copy of the letter in which concerned employment exchange was informed that he was appointed under the Scheduled Tribe Category, and (iv) copy of the Caste Certificate submitted by him claiming that he belongs to Scheduled Tribe Category. 7. The Commandant, O.S.A.P. 3rd Battalion, Koraput –opposite party No. 4 by his letter dated 28.09.2010 replied that the documents at Sl. Nos. 1 to 3 have already been destroyed as those are not permanent record. As regards to Cast Certificate, it was stated that while the petitioner was asked to submit his Caste Certificate to be kept in Service Book as per instruction of I.G. of Police, S.A.P. Odisha, Cuttack he has failed to prove the same. So far as supply of copy of nomination roll submitted to higher authority for promotion is concerned, the same was supplied. It was also stated in the said letter that the petitioner has submitted false information regarding his caste at the time of recruitment, which is evident from the verification roll filed by the petitioner in his own hand as well as in the front page of original Service Book the signature of the petitioner is also available. 8. After receiving the said reply from the Commandant –opposite party No.4, the petitioner has filed his show cause stating therein as follows:- During the year 1984 he applied for the post of Sepoy having requisite qualification and fitness as a General Category candidate. His name was registered in Baliguda Employment Exchange. In the copy of the transfer certificate issued by the Headmaster of Government High School Baliguda no where it has been mentioned that he belong to Scheduled Tribe Category. He never furnished any false information with regard to his height or other physical fitness. His name was registered in Baliguda Employment Exchange. In the copy of the transfer certificate issued by the Headmaster of Government High School Baliguda no where it has been mentioned that he belong to Scheduled Tribe Category. He never furnished any false information with regard to his height or other physical fitness. It is the sole responsibility of the recruitment Board to take measurement of the candidates and he was not responsible as to under what category he has treated by the said recruitment Board. He has also specifically stated that he has prayed for the relevant document, which was not supplied to him as the same are not available i.e. application form which he has submitted in the recruitment giving information regarding his caste. In case the documents were supplied to him he would have proved his genuineness beyond any doubt. So far as Charge No. 2 is concerned, he has stated that he belongs to ‘Khandayat’ by caste which comes under General Category. Neither he has mentioned in his application or he has furnished Caste Certificate claiming that he belongs to Scheduled Tribe Category, as such in no way he is at fault for such erroneous endorsement in the official record, which was maintained by the Department, without verifying such Caste Certificate in the interview or otherwise. So far as his signature available in the official record, he has categorically stated that entry in such record was made by the Department itself and he was asked to put his signature in the Service Book on 08.06.1984 and the Attesting Officer has attested the entries on 11.05.1985. As such the entries were made subsequently and not in his presence and his signature was attested without proper verification. He has categorically stated that the mistake committed by the Department in maintaining the records could have been detected on the spot and could have been brought to the notice of the competent authority for immediate rectification to avoid future complicacies. However, he has continued in service for more than 26 years and discharged his duties to the utmost satisfaction of his authorities. He was subjected to such unnecessary stigma on his spotless long service career. He has explained accordingly so far as verification in Form No. 101 is concerned. He appeared in the interview held in the year 1984 as a General Candidate. He was subjected to such unnecessary stigma on his spotless long service career. He has explained accordingly so far as verification in Form No. 101 is concerned. He appeared in the interview held in the year 1984 as a General Candidate. He has furnished the required information correctly but due to his misfortune the official entrusted to fill up the Verification Roll due to disturbed hearing or otherwise. He was asked to put his signature at the fag end of the day. Being novice, he contributed his signature without going through the contents mentioned therein as least scope was made available to go through the contents. He has also contended that be belongs to ‘Khandayat’ by cast and inherited ancestral property as such wherein his caste was reflected as ‘Khandayat’ and at no point of time he has misrepresented. 9. The Enquiry Officer submitted his report with a finding that as regards to identity Card submitted by the petitioner in the column meant for category, no category either SC, ST or UR has been mentioned. So the claim of the petitioner that he appeared the recruitment under General Category is not a fact at all. As regards to the plea taken by the petitioner that his educational certificate it has not been mentioned that he belongs to ST category or otherwise there is no provision to mention the category in educational qualification certificate, in so far as measurement of candidate recorded in Candidate Register is concerned, on the basis of information furnished by Candidates and also taking re-measurement after selection, the appointing authority recorded the facts in Candidate Register. It may be a fact that during re-measurement the petitioner told that he belongs to S.T. Category for which the height 164.5 cm. was accepted, unless his candidature would not be accepted. As regards the word innocence of charge, he has furnished the Caste Certificate issued from the Office of the Tahasildar, Baliguda vide SEBC Certificate Case No. 581/2011 dated 23.03.2011. It goes without saying that to hide the guilt of the charged officer he has furnished the document which is issued after 26 years of recruitment. Had he been produced the Caste Certificate of SEBC at the time of interview, it would be better to supply a copy of that Caste Certificate as the category of SEBC was not prevailing. It goes without saying that to hide the guilt of the charged officer he has furnished the document which is issued after 26 years of recruitment. Had he been produced the Caste Certificate of SEBC at the time of interview, it would be better to supply a copy of that Caste Certificate as the category of SEBC was not prevailing. As he was appointed under Scheduled Tribe category as per the result declared by recruitment Board by submitting false information, his name in 100 point roaster register was recorded against Scheduled Tribe Category. In the P.M. From No. 101 (verification Roll) it has been filled up in black and white that be belongs to ‘Kandha’ under sub-caste and his signature is available in the verification roll. It was his duty to put up the signature after going through verification of information filed up in PM From No. 101, He got promotion to the rank of Driver Havildar from Asst. Driver under Scheduled Tribe Category not in General Category. He could have informed to the authority at the time about the facts. Thus the charge is well proved against the petitioner. With such finding, the Enquiry Officer furnished the report on 21.05.2011. 10. Pursuant to the aforesaid finding, the petitioner has filed his second show cause reply reiterating his defence. He has categorically stated in the second show cause reply that necessary documents were not furnished to him basing upon which the charges were framed and at no point of time he has submitted any document that he belongs to Scheduled Tribe Category. The nomination roll submitted to the Departmental Promotion Committee without verifying the veracity of the caste and category, which was accepted and before such submission had the authorities insisted the documentary evidence from the petitioner the fact could have been come to notice. He has furnished the Caste Certificate after long lapse of 26 years during pendency of the Departmental Proceeding that he belongs to General Category and at no point of time he has furnished any information that he belongs to Scheduled Tribe Category. Being a Class-IV employee he has put his signature in English only. From his service career he has received several rewards against no punishment nor displayed any misconduct, which may be taken into consideration. 11. Being a Class-IV employee he has put his signature in English only. From his service career he has received several rewards against no punishment nor displayed any misconduct, which may be taken into consideration. 11. Considering the aforesaid show cause reply of the petitioner, the appointing authority by order dated 05.09.2011 imposed major punishment on the petitioner and removed him from service as he has submitted false information in the Verification Roll in P.M. Form No. 101. 12. Being aggrieved the petitioner preferred appeal before the D.I.G. of Police, SAP, Odisha, Cuttack. The appellate authority also rejected the appeal by saying that the appellant has raised several points in his defence which have no merit. The enquiry in the Disciplinary Proceeding was conducted property and fairly in terms of PM Appendix-49. The petitioner was given adequate opportunity to defend himself. The appellate authority after application of judicial mind, agreed with the punishment awarded by the disciplinary authority. 13. Challenging the order of the Appellate Authority, the petitioner approached the Tribunal in O.A. No. 913 of 2012. The Tribunal after considering the respective pleas of the parties recorded a finding that the document, which was called for by the petitioner being not a permanent register, it has been destroyed. Hence supply of that document and other similar documents could not have been possible and non supply of such documents in no way prejudice the petitioner as he has been given adequate opportunities to defend himself. The petitioner could not have been appointed as a Constable at the first instance and subsequently promoted to the rank of Driver Havildar against a Scheduled Tribe Vacancy, if he would have belonged to U.R. category. The required height for U.R. Category was 168.00 Cms. and his height was 164.5 Cms. Further he was promoted to Driver Havildar against roster point vacancy meant for Scheduled Tribe Category. From the documents submitted by the Department, the Enquiry Report and all other concerned documents, it has been ably brought out that the petitioner was recruited against the reserved category vacancy of Scheduled Tribe. He Could not have been recruited against a U.R. vacancy as his height is 164.5 Cms besides he also got promotion to the rank of Driver Havildar against a roster point vacancy meant for Scheduled Tribe. He Could not have been recruited against a U.R. vacancy as his height is 164.5 Cms besides he also got promotion to the rank of Driver Havildar against a roster point vacancy meant for Scheduled Tribe. The Verification Roll and the Service Book clearly indicates that the petitioner has written his caste as ‘Kandha’ which comes under Scheduled Tribe category. Hence nothing wrong in issuance of the enquiry report along with the show cause notice for penalty. Keeping in view the principle of preponderance of probabilities, the charge of securing appointment and promotion by submitting false and misleading information has been proved. With the aforesaid finding, the Tribunal by the impugned order dismissed the Original Application. 14. Considering the above facts and circumstances and after going through the copy of the documents which are filed along with the Writ Petition as well as the Original Application, it appears that the petitioner was appointed in the year 1984. He has discharged his duties for continuous period of 26 years after which the disciplinary Proceeding was initiated against him with the charge that he has furnished false information at the time of recruitment. However, no materials are available on record that he has furnished such information rather the record reveals that the Verification Roll as well as the Service Book was prepared by one handwriting and the petitioner has put his signature, which is not same and one. In all the reported cases, it appears that either the employee has produced the Caste Certificate himself or Record of Rights in support of his claim to be recruited against a reserve category vacancy. 15. However, in the present case the petitioner himself has not given any such document in support of his claim that he belongs to reserve category and the appointing authority at the time of recruitment as well as at the time of joining in the post has not verified any document regarding the claim of the petitioner that he belongs to reserve category as contended by the Department in the Departmental Proceeding. Since the Departmental Proceeding was initiated after 26 years of service of the petitioner, the Department should have framed charges definitely and it should not have imposed major punishment on the petitioner without such definite materials that he has got the advantage by fraudulent means rather the appointing authority as well as the Department have failed to prove regarding non verification of the Caste Certificate or Record of Rights with regard to claim of reserve category by the petitioner. 16. As discussed hereinabove neither the authorities have supplied the documents in respect of the charges framed against the petitioner that he has submitted application for enrolment mentioning therein that he belongs to Scheduled Tribe category nor any document was produced so far as the employment exchange is concerned that he belongs to Schedule Tribe category and produced any Caste Certificate or enrolled his name as such. During recruitment also the delinquent has not produced any document nor after joining in the service that he belongs to Scheduled Caste. He has only able to put his signature in English without being able to read and write the same. The Verification Roll in P.M. Form No. 101 as well as the Service Book reveal that it was filled up by some other persons and the delinquent has only put his signature in those records. Further the authority, who has appointed him in 1984 neither verified his Caste Certificate nor asked him to produce any document in support of his Caste Certificate. Subsequently when show cause notice was issued to him, he has requested by filing application to supply those documents on the basis of which charges have been framed. However, the Commandant, O.S.A.P., 3rd Battalion, Koraput has given a reply that such documents are destroyed as those are not permanent record. Then how on the basis of those documents charges are framed as alleged in the Departmental Proceeding specially when the documents are not available. The caste verification was taken up by the Department as per the instruction of I.G. of Police, S.A.P., Odisha, Cuttack at a belated stage after completion of his 26 years of service without any document specifically that the petitioner has applied to get benefit under reserved category. The caste verification was taken up by the Department as per the instruction of I.G. of Police, S.A.P., Odisha, Cuttack at a belated stage after completion of his 26 years of service without any document specifically that the petitioner has applied to get benefit under reserved category. In view of the above irregularities the findings of the Disciplinary Authority as well as the Tribunal are error apparent on the face of the record and have no basis to sustain the charges. 17. In view of the discussions made hereinabove, since the petitioner is more than 55 years and the punishment of removal from service is disproportionate to the charges leveled, in exercise of the jurisdiction under Article 227 of the Constitution of India this Court while setting aside the impugned order dated 03.11.2016 passed by the Tribunal directs the authorities to treat the order of removal from service dated 05.09.2011 passed by the Commandant, O.S.A.P. 3rd Battalion, Koraput as an order of compulsory retirement and py all consequential service benefits to the petitioner. The above exercise shall be completed within a period of two months from the date of production a copy of this judgment. The Writ Petition is accordingly disposed of. K. R. MOHAPATRA, J. I agree. Petition disposed of.