Amar Aaron, S/o Late Hudson Aaron, C/o Mr. Kameshwar Prasad Singh, resident of Mohalla-North Mandiri, Opposite vs State of Bihar through District Magistrate, Patna

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2013 Supreme(Pat) 986

NAVIN SINHA, VIKASH JAIN
Amar Aaron, S/o Late Hudson Aaron, C/o Mr. Kameshwar Prasad Singh, resident of Mohalla-North Mandiri, Opposite – Appellant
Versus
State of Bihar through District Magistrate, Patna – Respondent

Advocate Appeared:
Appearance : (In CWJC No. 6948 of 2000)
For the Petitioner/s:Mr. Madhuresh Prasad & Mr. Abhay Shankar, Advocates
For the State : Mr. Anjani Sharan (SC9) For B.O.I. :Mr. Rupak Kumar, Advocate (In LPA No. 1462 of 1999)
For the Appellant/s : Mr.Rupak Kumar
For the Respondent/s: Mr. Madhuresh Prasad Mr. Abhay Shankar (In LPA No. 1482 of 1999)
For the Appellant/s : Mr. Madhuresh Prasad Mr. Abhay Shankar
For the Respondent/s: Mr. Anjani Sharan (GP 9) Mr.Rupak Kumar

C.A.V. JUDGMENT

(Per: HONOURABLE MR. JUSTICE NAVIN SINHA)

Navin Sinha & Vikash Jain, JJ.

1. We have heard Learned Counsel for the Appellant and the Respondents.

2. The issues for decision in this batch of cases are integrally connected, have a bearing on each other, and the parties are the same. We have therefore heard the cases together and are disposing it by a common order. The core controversy is the caste certificate of Sri Amar Aaron (for convenience referred to as “the employee”) as Scheduled Tribe (Kisan) and the consequent termination of his service by the Bank on the allegation for having secured appointment on a false caste certificate.

3. The Sub-Deputy Collector, Munger on 16.10.1973, issued a Caste Certificate to the employee as belonging to Scheduled Tribe (Kisan). The District Welfare Officer, Munger, issued Caste Certificate no. 1060/73 dated 18.10.1973 in the prescribed format, which stated that he “belongs to Sub-caste which is recognized as Scheduled Caste in the Scheduled Castes and Scheduled Tribes list Modification Order 1956”. The employee is stated to have been a minor aged approximately 15 years that point of time. Unlike the former certificate, the latter is

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2013 Supreme(Pat) 986

NAVIN SINHA, VIKASH JAINAmar Aaron, S/o Late Hudson Aaron, C/o Mr. Kameshwar Prasad Singh, resident of Mohalla-North Mandiri, Opposite – AppellantVersusState of Bihar through District Magistrate, Patna – Respondent

NAVIN SINHA, VIKASH JAIN
Amar Aaron, S/o Late Hudson Aaron, C/o Mr. Kameshwar Prasad Singh, resident of Mohalla-North Mandiri, Opposite – Appellant
Versus
State of Bihar through District Magistrate, Patna – Respondent