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2018 Supreme(J&K) 982

TASHI RABSTAN
Showkat Ahmad Mir – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :A.H. Naik, Senior Advocate and Zia Ahmad Shah, Advocate
For the Respondents:S.N. Ratanpuri, Advocate

ORDER :

Tashi Rabstan, J.

1. Petitioner vide Order No. 1(1)/Spl/2005/4598 dated 1st February 2012, issued by Prasar Bharati Broadcasting Corporation of India, Doordarshan Kendra, Srinagar, was appointed on a temporary post of Tailor, reserved for OBC Category candidate under Direct Recruitment Quota. However, by order No. 21 (Misc.) 10-S(TV)/2144 dated 10th September 2013, petitioner's services have been terminated with immediate effect. It is this order, of which petitioner is aggrieved and seeks following relief:

(a) Writ of certiorari, quashing impugned order No. 21 (Misc.) 10-S(TV)/2144 dated 10.9.2013;

(b) Writ of mandamus, commanding respondents to reinstate petitioner to his original post and release all consequential relief.

2. Respondents 1 to 3, in their Reply, insist that petitioner has committed serious misconduct by producing fraudulent certificate along with his application and is not entitled to claim any right of hearing because of fraud committed by him and as a sequel thereto a genuine candidate could not be selected and appointed. Petitioner at the time of appointment was overage and by submitting fake and fraudulent certificate qua date of birth got appointed and aft

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