Service Law – Wrong Caste Certificate – Dismissal Valid – Employment on base of Caste Certificate showing wrongly petitioner as Schedule Caste – Dismissal of Service – Appeal by employer against High Court order granting relief to petitioner – Held: The first respondent obtained employment against a post reserved for Scheduled Castes to which she was clearly not entitled. The effect is to displace a genuine candidate, who would otherwise have been entitled to the post. No fault can be found with the conduct of the appellant in convening a disciplinary enquiry. The findings of the enquiry are unexceptionable. The punishment which was imposed could not be regarded as disproportionate. Irrespective of whether or not the caste claim of the first respondent was fraudulent or otherwise, it is evident that the benefit which she obtained securing employment against a reserved post would have to be set aside once the caste claim has been rejected. We are of the view that the single Judge of the High Court was in error in issuing a direction for reconsideration. High Court order set aside – Dismissal valid – No recovery for the period actually worked. (Para 19, 20)
SUPREME COURT OF INDIA
2023 STPL(Web) 173 SC
Bhubaneswar Development Authority Vs. Madhumita Das & Ors.
Civil Appeal No. 3320 of 2023 (Arising out of SLP (C) No. 9090 of 2020)-Decided on 2-5-2023
https://stpllaw.in/wp-content/uploads/2023/08/2023-STPLWeb-173-SC.pdf
