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2019 Supreme(Jhk) 1957

S.N.PATHAK
Gopal Ghosh – Appellant
Versus
State of Jharkhand through the Secretary/Principal Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Anshuman.
For the Respondent: Mr. Samir Sahay.

JUDGMENT :

S.N. PATHAK, J.

1. Heard counsel for the parties.

2. Petitioner has approached this Court with a prayer for quashing the Pakur District Force Order No. 593/18, dated 21.04.2018, passed by respondent no. 2, whereby and whereunder, he has been terminated from the service. Further prayer has been made for a direction upon the respondents to reinstate him in the service with all consequential benefits.

3. According to the petitioner, he submitted online application mentioning his category as ‘Backward Class-2’ for appearing in the Jharkhand Constable Competitive Examination, 2015. After being declared successful, petitioner appeared for counselling along with Caste Certificate dated 28.09.2016 showing him to be Backward Class-1 category and local Residence Certificate dated 29.11.2016. At the time of counselling, petitioner submitted an application with a request to treat him as Backward Class-I in view of the fact that at the time of filling up application form, he had inadvertently mentioned his caste as Backward Class-2 instead of Backward Class-1. After the counselling, petitioner was asked to appear for re-medical checkup on 15.05.2017. Thereafter, petitioner was appointed

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