NIRAJ KUMAR Vs. CWC

JUDGEMENT

(1.) VIDE the instant petition, the petitioner has assailed the impugned order dated 23.09.2011, whereby the services of the petitioner have been terminated. The petitioner further seeks direction to re-instate him in service with all consequential benefits including back wages and continuity of service.

(2.) CASE of the petitioner is that he belongs to OBC category being 'Kurmi by caste, which right from the inception of Mandal List falls under the OBC category. The petitioner till date falls under the non-creamy layer as certified by the Sub-Divisional Officer, Patna Sadar.

(3.) LEARNED counsel for the petitioner submits that the certificate produced by the petitioner, at the time of his appointment, was an OBC certificate issued by the competent authority. The competent authority might not have registered the said certificate in their register, therefore, neither the petitioner has produced any false, fabricated or forged certificate nor the case of the respondent is that the petitioner does not belong to the OBC category.