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2023 Supreme(Jhk) 816

S. N. PATHAK
Sukhdeo Mahtha – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: M/s Saurav Arun, Rinki Kumari, Antarekesh Narayan & Sheran Kerketta.
For the Respondents: Mr. Rakesh Kumar Roy.

JUDGMENT :

1. Heard the parties.

2. The petitioner has approached this Court with a prayer for quashing the order dated 8.3.2020 (Annexure-7) passed by the District Superintendent of Education, Giridih, whereby the service of the petitioner, who was working as Teacher in Middle School, Kurhobindo, was terminated on the ground that he got appointment on forged caste certificate. Further prayer has been made for quashing the letter dated 29.10.2009 (Annexure-8), whereby the caste certificate of the petitioner has been cancelled.

3. As per factual matrix, the petitioner was appointed on 28.05.1988 as Teacher and after verifying all documents, he was given regular salary. It was the specific case of the petitioner that since his mother belongs to schedule caste and his father belongs to Gwala caste, which is a non-tribal, he comes under the scheduled caste category, in the light of the decision contained in letter no. 11/4-1040/77- 106 dated 3.3.1979 issued by Personnel, Administrative, Reforms Department, Govt. of Bihar.

4. However, one fine morning, the petitioner was put under suspension on 2.6.2009, alleging inter alia that he obtained appointment on the basis of forged caste certi

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