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2016 Supreme(Pat) 71

HEMANT GUPTA, NAVANITI PRASAD SINGH
Sujeet Kumar – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Petitioner:Mr. Munna Prasad Dixit, Mr. Sanjay Kumar Chaubey and Mr. Shailendra Kumar, Advocates.
For the Respondent:Mr. Anil Kumar Sinha and Mr. Ankit Katriar, Advocates.

JUDGMENT :

HEMANT GUPTA, J.

1. The challenge in the present writ petition is to an order passed by the Central Administrative Tribunal, Patna Bench, Patna on 31st October, 2013 in O.A. No. 482 of 2008, whereby an Original Application filed by the petitioner against an order of removal from service remained unsuccessful.

2. The petitioner joined as Assistant Station Master, Garpura on 04.02.2002. He was served with a major penalty charge memo dated 21st January, 2004 that on 18th of July, 1999 at Daya Nand Kanya Inter College, Gorakhpur Centre another person appeared in the written examination in his place and the petitioner obtained the appointment order by a false personation. The stand of the petitioner was that he personally appeared in the written examination but he has been framed since he is a member of Scheduled Caste. He also challenged the manner of conduct of disciplinary proceedings and that the relevant documents were not supplied to him and the Inquiry Officer was acting prejudicially and that even though the Invigilator has deposed in his favour and that Mr. P. Venugopal, who has submitted the Expert Report, has not been examined, still his report was accepted and the








































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