UOI Vs. DURJAN MEHTO

JUDGEMENT

(1.) The present writ petition challenges the order dated 6-7-04 passed by the CAT. The core issue arising in the present petition is the applicability of the judgment of the Hon'ble Supreme Court reported as Madhuri Patil and Anr. Vs. Addl. Commissioner, Tribal Development and Ors., 1994 (6) SCC 241 where on the issue of social status certificate and cancellation of appointment of a Government employee the following guidelines were laid down:

(2.) The tribunal in its impugned judgment by relying upon the judgment reported as R. Vishwanatha Pillai Vs. State of Kerala and Ors. 2004 SCC (LandS) 350, observed that it was incumbent upon the concerned Government department where the employee was alleged to have obtained appointment on forged caste certificate, to refer the matter to the Verification Committee constituted in each State to verify the genuineness of the caste certificate. In the present case the finding as to the respondent's certificate was based upon an investigation held by the CBI which the tribunal noted had even not contacted its Collector for the verification and was further merely based upon a finding by the District Welfare and Circle Officer.

(3.) In our view since the petitioner had not referred for the verification of the caste certificate of the respondent before the Verification Committee required to be formed after the judgment of the Hon'ble Supreme Court in Madhuri Patil's case(supra) the tribunal has rightly given an opportunity to the petitioner, Union of India, to refer the caste certificate of the applicant to the verification committee and pass a further direction on the basis of the findings of the verification committee.