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1998 Supreme(Ori) 463

S.N.PHUKAN, P.K.TRIPATHY
PRASANNA KUMAR NAIK – Appellant
Versus
STATE BANK OF INDIA – Respondent


Advocates Appeared:
C.M.K. Murthy and S.K. Rath, for the Appellant; Bijan Ray, C. Choudhury, B. Mohanty and S.K. Dwibedy, for the Respondent

JUDGMENT :

S.N. Phukan, C.J. - The petitioner passed High School Certificate Examination in 1976 from Government High School, Tikabali, district Phulbani. He obtained M.A. Degree from Government College, Phulbani in the year 1981. Thereafter, he joined the State Bank of India, opposite party No. 1, as a cashier-cum-clerk with effect from March 6, 1982 after being selected on merit in written as well as viva vice test. He was selected in the quota assigned to Schedule Caste candidates as he produced a certificate issued to him by the Sub-Divisional Officer, Baliguda on September 7, 1981 vide Annexure-1. While he was serving as cashier-cum-clerk, a departmental proceeding was drawn up against him. The charge- sheet dated March 18, 1987 is at Annexure-2. He was charged of, committing gross misconduct in terms of" paragraph 521(4)(j) of the Sastry Award, read with paragraph 18.28 of the Desai Award by producing a false certificate showing that he belongs to Scheduled Caste (Pano) community, though he was actually a Christian. Show-cause was submitted by the petitioner vide Annexure-3 in which he took the stand that the caste certificate was issued to him by the Sub-Divisional Officer, B





























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