High CourtsSingle Bench(2018) 02 CHH CK 0311

H.R. Patel vs State Of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 19 February 2018

HON’BLE JUDGES
Sanjay K. Agrawal, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 1560 Of 2005

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Judgment

15 paragraphs · 286 words

Sanjay K. Agrawal, J

1.

The petitioner has filed this writ petition questioning his order of dismissal from service dated 14-2-2005 passed by the disciplinary authority.

2.

Learned counsel for the petitioner would submit that the impugned order is unsustainable and bad in law.

3.

Learned State counsel would submit that the petitioner's writ petition revoking his caste certificate has already been dismissed by this Court today in

W.P.No.2786/2005 (Hoshram Patel v. State of Chhattisgarh and others) and one of the charges is that he has obtained forged caste certificate to get

employment and thereby obtained employment.

4.

I have heard learned counsel for the parties and considered their rival submissions.

5.

One of the major charges is that the petitioner obtained caste certificate in a forged manner and finding that charge established along with other

charges, he was dismissed from service. In the aforesaid writ petition (W.P.No.2786/2005), the petitioner's plea is that caste certificate was illegally

revoked by the Caste Scrutiny Committee, but the said plea has been rejected and revocation of caste certificate of the petitioner has been upheld by

this Court. The disciplinary authority has found the charge of obtaining forged caste certificate proved and thereby directed for removal of the

petitioner from service. No such material has been brought before this Court to hold that the findings of the disciplinary authority are contrary to

record or perverse, as such, the finding is neither perverse nor contrary to record. Particularly taking in view that revocation of his caste certificate

has already been affirmed by this Court, I do not find any merit in the petition and the petition deserves to be and is accordingly dismissed leaving the

parties to bear their own costs.