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M. M. SATHAYE, NITIN JAMDAR
Kishore Jetha Somai – Appellant
Versus
Union of India – Respondent
JUDGMENT
M. M. Sathaye, J. - Rule. Affidavit of service is filed. Learned Senior Advocate appearing for the Respondent Nos. 2 and 3 waives service. Rule is made returnable forthwith, taken up for final disposal by consent.
2. By this Petition under Article 226 of the Constitution of India, the Petitioner is seeking to quash and set aside the impugned termination order dated 28 August 2017 issued by the Respondent No. 2 (Chief General Manager in-charge of HRM Department, Reserve Bank of India - Respondent No. 3) and is further seeking directions to the Respondent No. 3 - Reserve Bank of India (RBI) to reinstate the Petitioner in the service in the same designation as he was serving on the date of termination and further seeking directions to pay full arrears of salary and other benefits till re-instatement.
CASE
3. The Petitioner applied to RBI for the post of Officer Grade-B (Direct Recruit) disclosing that he is a person with physical disability and also that he belonged to Hindu Thakur Scheduled Tribe (ST). Under letter dated 28 January 2014, the Petitioner was called for interview. Before the interview, on 10 April 2014, the concerned Caste/Tribe Scrutiny Committee invalidated the P
The court established that employment in public service must comply with the eligibility criteria, and any misrepresentation or failure to provide valid documentation can lead to termination without ....
The court established that claims to belong to reserved categories must be substantiated with credible evidence, and fraudulent claims undermine the constitutional provisions for social justice, lead....
A fraudulent document is non est from the beginning and cannot be countenanced in law. A party to a litigation cannot approbate and reprobate from his stand taken before a quasi-judicial authority to....
Point of Law : High Court while exercising powers under Article 226 has power to do substantial justice.
The judgment underscores the significance of prompt scrutiny of caste certificates and the impact of false certificates on genuine candidates, emphasizing the need for swift resolution of caste-relat....
Termination of service based on reclassification of caste is unlawful if the applicant acted in good faith and without fraud or misrepresentation.
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