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2014 Supreme(All) 348

D. Y. CHANDRACHUD, DILIP GUPTA
KULDEEP KUMAR – Appellant
Versus
CHIEF EXECUTIVE OFFICER, NOIDA, DISTRICT GAUTAMBUDH NAGAR – Respondent


Advocates:
Counsel :
Anil Kummar Sharma and Akhtar Ali for the Appellant; C.S.C. and Rahul Sahai for the Respondents.

JUDGMENT

By the Court.—This special appeal is directed against a judgment of the learned Single Judge dated 1 June 2012.

In pursuance of an advertisement which was issued by the New Okhla Industrial Development Authority, both the appellants were appointed as Gardeners on 12 August 1997. For the purpose of securing appointments against the reserved posts, the appellants relied upon the caste certificates dated 20 August 1997 issued by the Tehsildar, Balachaur in the State of Punjab. The services of the appellants were terminated on 11 May 2007. The appellants alongwith six others filed writ proceedings challenging their termination. The appellants stated in paragraph 5 of the petition that they are permanent residents of the State of Punjab and belong to a Scheduled Caste. In support, they relied upon the caste certificates issued to them in the State of Punjab, which refer to the appellants as being Ad-dharmi by caste and of being ordinary residents of the State of Punjab. The appellants contended that the order of termination was passed without complying with the principle of natural justice. A counter-affidavit was filed on behalf of the Authority stating that the appointments of









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