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2020 Supreme(Pat) 563

SHIVAJI PANDEY, ANJANI KUMAR SHARAN
Manoj Kumar – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pushkar Narayan Shahi, Sr. Adv., Mr. Sanjeet Kumar Singh, Adv., Ms. Deeksha Singh, Adv.
For the SSC : Mr. S.D. Sanjay, Add.S.G. Mr. Anshay Bahadur Mathur, SC
For the Respondent: Mr. Rajesh Kumar Verma, ASG.

JUDGMENT :

1. Heard learned counsel for the parties.

2. Learned counsel for the Union of India has produced the original record before this Court for examination and we are passing the order on the basis of material available in the writ application as well as the original record supplied maintained in due course of business.

3. In the present case, the petitioner is challenging the order dated 21.12.2012 passed by the Central Administrative Tribunal, Patna Bench, Patna in OA No. 547 of 2007, whereby and where under, the learned Tribunal has held that the petitioner has committed fraud, thereby entered into service as he belongs to General Category candidate but, has ensured his place as a scheduled caste candidate. So, the termination of service by the authority concerned cannot in any way be faulted.

4. The fact of the case moves in the manner that an advertisement was published by the Staff Selection Commission on 17.10.1987 for recruitment of Auditor, Junior Accountant and Upper Division Clerk. The petitioner applied for the said post. Accordingly, the examination was conducted and was declared successful treating him as a schedule caste candidate. Accordingly, he joined the post b

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