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Judgment
The appellant is aggrieved by the order dated 27.10.2009 passed by a learned Single Judge, whereby he dismissed the writ petition challenging the order of dismissal. The appellant-writ petitioner was appointed against a reserved post. On query, it was found that the caste certificate submitted by the appellant-writ petitioner was fictitious and in fact, no such certificate was issued at all. The learned Single Judge held that considering this finding of fact, the impugned order of dismissal could not be defaulted.
Learned Counsel appearing on behalf of the appellant-writ petitioner has drawn our attention to the judgment of the Supreme Court in Kumari Madhuri Patila and another Vs. Addl. Commissioner, Tribal Development and others, to contend that it was not within the jurisdiction of the disciplinary authority to dismiss the appellant-writ petitioner without sending his caste certificate for verification before the competent committee.
In our opinion, the above argument is misconceived. The judgment in Kumari Madhuri Patil (supra) is in respect of verification of a caste certificate, which is validly issued. The issue in the present case is in respect of a contention that the caste certificate itself is fabricated and in other words, it was not issued by the competent authority at all.
In our opinion, the ratio of the judgment in Kumari Madhuri Patil would not be applicable in the facts of the present case.
Considering the above, in our opinion, there is no merit in the appeal.
In the light of above, the special appeal along with stay application stands dismissed. No order as to costs.