VINOD KUMAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Through this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the orders dated 10.11.2009, 29.1.2008 and 21.8.2007. vide order dated 21.8.2007, the Superintendent of Police, Ghazipur has cancelled the petitioner's selection on the ground that while entering in the service, petitioner has filed forged caste certificate whereas vide order dated 29.1.2008 and 10.11.2009 the petitioner's appeal as well as revision filed against the order of cancellation of the selection have been dismissed by the respondent Nos. 3 and 2 respectively.

(2.) The facts giving rise to this case are that the petitioner was selected for appointment on the post of Constable in U.P. Civil Police in the year 2006 and was sent for training. While entering in the service, the petitioner has claimed the benefit of reservation of other backward classes on the basis of caste certificate issued by Tehsildar Tehsil Shahganj, District Jaunpur. Later, on verification from the Tehsil Authority it was found that the caste certificate was not issued by the office of Tehsildar and on that ground the petitioner's selection was cancelled by the impugned order dated 21.8.2007 by Superintendent of Police holding that the petitioner has obtained his selection by playing fraud upon the authorities as he has produced forged caste certificate at the time of entering into the service.

(3.) The appeal filed by the petitioner has been dismissed by the respondent No. 3. However before revision could be filed when it came to the notice of the petitioner that his selection has been cancelled on the ground of forged caste certificate. He applied before the tehsil authority for obtaining the caste certificate as the petitioner belongs to Ahir by caste and falls under the O.B.C. category and is entitled for reservation under U.P. Scheduled Caste Scheduled Tribes and Other Backward Classes Reservation, Act 1994. Thereafter he obtained the caste certificate and produced the same before the revisional authority. But the revisional authority without veryfying it from the tehsil authority has dismissed the revision by affirming the order passed by appointing authority as well as appellate authority.