AMIT CHAUDHARY Vs. STATE OF U.P.

JUDGEMENT

(1.) This Special Appeal has been filed under Chapter VIII Rule 5 of Allahabad High Court Rules against the judgment dated 11 May 2010 of a learned Judge of this Court by which Writ-A No. 2686 of 2008 filed by the appellant to assail the order dated 11 Dec. 2007 passed by the Senior Superintendent of Police, Muzaffarnagar confirming the earlier order dated 11 Oct. 2007 for cancelling the selection of the appellant as a temporary recruit belonging to the Other Backward Class (OBC) category, has been dismissed.

(2.) It transpires that the appellant responded to an advertisement dated 23 July 2005 and submitted an application for recruitment as a constable. The appellant claimed that he belonged to the OBC category and with the application form submitted a caste certificate said to have been issued by the Tehsildar-Sikarpur. On the basis of the said caste certificate enclosed with the application form and in view of the undertaking given by the appellant that his selection can be cancelled without providing any notice in case any information supplied by him is found to be false, the appellant was recruited on temporary basis. On verification from the office of District Magistrate, Bulandshahr, it was found that the caste certificate submitted by the appellant with the application form was a forged certificate since the Tehsildar Sikarpur reported that such a certificate had never been issued from his office. The Senior Superintendent of Police, Muzaffarnagar, therefore, by order dated 11 Oct. 2007 cancelled the selection of the appellant.

(3.) This order was assailed by the appellant by filing Writ Petition No. 53619 of 2007. The contention of the appellant was that there was mistake on the part of the appellant in mentioning that the appellant was a resident of Village Sadarpur, Police Station-Salempur, Tehsil-Sikarpur, District-Bulandshahr, whereas the appellant is a resident of Village Sadarpur, Police Station Salempur, Tehsil Baran, District-Bulandshahr. This petition was disposed of on 31 Oct. 2007 with a direction to the Senior Superintendent of Police, Muzaffarnagar to pass a fresh order within a month, if the appellant files an application. The relevant portion of the order is reproduced below :-