LAWS(ALL)-2010-8-104

DINESH KUMAR Vs. DY INSPECTOR GENERAL OF POLICE

Decided On August 25, 2010
DINESH KUMAR Appellant
V/S
DY. INSPECTOR GENERAL OF POLICE Respondents

JUDGEMENT

(1.) The Petitioner applied for being appointed as a constable in the Central Reserve Police Force on the basis of a caste certificate dated 30th June, 1995 issued by the Tehsildar Karchhana district Allahabad indicating that the Petitioner is a scheduled tribe. The caste of the Petitioner is mentioned as "Kol".

(2.) In the year 2003 the department instituted a departmental enquiry against the Petitioner on the ground that the Petitioner had obtained appointment on the basis of a wrong caste certificate and ultimately he was removed vide order dated 12th April, 2004. The Petitioner has come up assailing the said order and during the pendency of the writ petition the Petitioner had preferred an appeal which has also been dismissed as such the consequential relief has also been claimed.

(3.) A counter affidavit has been filed on behalf of the Respondents wherein it has been stated that the Petitioner had deliberately and intentionally got employment on the strength of a certificate even though the caste of the Petitioner is not included within the scheduled tribe order.