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MANMOHAN, NAVIN CHAWLA
Ex-ct Bajrang Lal – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - Present writ petition has been filed challenging the orders dated 29th December, 2019, 4th June, 2020 and 7th June, 2021 whereby the petitioner was removed from service. Petitioner seeks a direction to the respondent to reinstate the petitioner in service with all consequential benefits.
2. Learned counsel for the petitioner states that the petitioner was appointed as a Constable GD in CISF after qualifying a competitive examination held by Staff Selection Commission on 3rd april, 2017. He states that the petitioner served the department to the satisfaction of his superior officers till the passing of the impugned order. He states that vide Memorandum dated 7th September, 2019, a charge-sheet was issued to the petitioner alleging that the petitioner had secured employment by producing a false and fabricated OBC certificate. He states that the petitioner had applied for the Caste certificate dated 18th May, 2016 with the help of some private person sitting outside the Court. He also states that when the petitioner came to know that the same was not issued by the competent authority, the petitioner immediately applied for another OBC certificate and same was iss
The verification of the OBC certificate and the entitlement of the petitioner to the benefit of his caste were central to the court's decision to set aside the removal orders and direct reinstatement....
A statutory petition's nomenclature does not restrict its maintainability, and it must be adjudicated based on its merits.
Discharge based on false caste representation is unjustified if the candidate disclosed accurate information during recruitment and relied on the appointment for an extended period.
In the absence of confirmation of service and pendency of departmental process to verify caste certificate, protection against ouster as per Kavita Solunke and Shalini judgments is not applicable.
Verification of the genuineness of the subsequent caste certificate and imposition of proportionate punishment in accordance with the CRPF Act, 1949.
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