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2017 Supreme(SC) 669

S.A.BOBDE, L.NAGESWARA RAO
STATE OF ORISSA – Appellant
Versus
BIBHISAN KANHAR – Respondent


Advocates Appeared:
For Petitioner(s): Ms. Anindita Pujari, Ms. K. Bhardwaj, Advs.
For Respondent(s): Mr. Rabin Majumder, Adv.

JUDGMENT

L. NAGESWARA RAO, J.

Leave granted.

The order for removal of the Respondent who was working as Farash in the office of the Revenue Divisional Commissioner, Central Division, Cuttack (Second Respondent) was set aside by the Orissa Administrative Tribunal, Cuttack. The judgment of the Tribunal was confirmed by the Division Bench of the High Court of Orissa at Cuttack. Aggrieved, the State of Orissa has filed this Appeal.

2. The Revenue Divisional Commissioner requested the Employment Officer of the Employment Exchange, Cuttack to sponsor five candidates belonging to the Schedule Tribe community and five from unreserved category for selection and appointment to the posts of Farash and Peon. On the basis of a caste certificate filed by the Respondent in the Employment Exchange, he was sponsored as a candidate belonging to a Schedule Tribe community (Kandha). The Respondent was appointed as a Farash in the office of the Second Respondent. As there was a doubt raised about the Respondent belonging to a Schedule Tribe, proceedings were initiated before the State Level Scrutiny Committee for verification of his caste certificate. He was also placed under suspension. After a detail









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