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S. N. PATHAK
Madhusudan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S.N. PATHAK, J.
1. Heard the parties.
PRAYERS MADE IN WRIT PETITION:
2. The petitioner has approached this Court with a prayer for quashing the order dated 22.09.2017 (Annexure-13) passed by the respondent-authorities, in pursuant to departmental proceeding initiated against the petitioner vide Memo No. 4051 dated 10.08.2013, whereby the petitioner’s service as Deputy Superintendent of Police has been terminated.
Further prayer has been made for direction upon the respondents to reinstate the petitioner into service with all consequential benefits.
3. However, during course of arguments, learned senior counsel appearing for the petitioner confines his prayer to the extent that respondents be directed to consider the case of petitioner for any other punishment other than the punishment of dismissal taking into consideration the following facts:
(ii) Observations given by the Hon’ble Patna High Court in LPA No. 708/2002 filed by the petitioner;.
(iii) Respondent’s own statement made in Para 38 of the counter-affidavit that the case of petitioner “may not be a case of obtaining employment by playing fraud.”
(iv) The caste certificate of t
Point of Law : High Court while exercising powers under Article 226 has power to do substantial justice.
The court established that employment in public service must comply with the eligibility criteria, and any misrepresentation or failure to provide valid documentation can lead to termination without ....
Fraudulent appointments in public service lead to the forfeiture of all related employment benefits, and courts will not entertain claims based on equitable considerations where fraud is present.
The court established that claims to belong to reserved categories must be substantiated with credible evidence, and fraudulent claims undermine the constitutional provisions for social justice, lead....
The main legal point established in the judgment is the invalidation of the caste certificate and the overruling of previous decisions by a larger bench, leading to the dismissal of the first respond....
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