Friday, January 27, 2023

Patna HC Upholds Central Govts Dismissal Order Of Its Employee Appointed 30 Years Back

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The High Court of Patna upheld the Central Government’s decision of dismissing one of its employee who had fraudulently secured the post of an Upper division Clerk 30 years back by forging a Scheduled Caste Certificate.

The bench comprising Justice Shivaji Pandey and Justice Anjani Kumar Sharan were hearing a review petition by the Central government where the High court had reinstated Manoj Kumar to the post of Upper Division Clerk in the Central Excise Department in Patna 5 years back.

After the High Court’s order of reinstatement, the Central Government filed an appeal before the Supreme Court which dismissed it on ground of delay.

Thereafter a Review petition was filed before the High court in 2018.

Kumar had shown himself to be belonging from the Schedule Caste Community in the SSC Examination. However when he was asked to attest his joining form, Kumar said that he did not belong to the Schedule Caste category.

Thereafter, SSC withdrew his appointment and he was terminated from service on February 17, 1993.

On an application before the Central Administrative Tribunal, the Tribunal dismissed his services twice first in 1993 on technical grounds and second in 2005 when CAT upheld the inquiry against Kumar.

-India Legal Bureau

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