RAJENDRA PRASAD GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri T.P. Singh, Senior Advocate assisted by Shri A.P. Srivastava on behalf of the petitioner and learned Standing Counsel for the State-respondents.

(2.) Petitioner Rajendra Prasad Gupta was appointed as Additional Money Lending Clerk on 6.10.1977 in Collectorate District Varanasi. The services of the petitioner were terminated under order of the District Magistrate dated 30.9.1983 on the ground that the petitioner had obtained the appointment on the basis of his being a member of Scheduled Caste and which he was not. Not being satisfied by order so passed by the District Magistrate, the petitioner filed Claim Petition No. 302(1) of 1983 before the U.P. Public Service Tribunal, Lucknow. It was contended that his services had been terminated without holding any departmental enquiry and the order was punitive in nature. Counter-affidavit was filed by the authorities and it was submitted that the petitioner was appointed as Clerk on temporarily basis in the background that he was a member of the Scheduled Caste, his name was also recommended as Scheduled Caste candidate by the Employment Exchange. The Selection Committee selected the petitioner treating him to be a member of Scheduled Caste. It was stated that the petitioner had applied for this post claiming to be member of Scheduled Caste. The fact qua petitioner being a member of Scheduled Caste was found to be false and since the petitioner was only temporary employee, his services were terminated as per rules without notice.

(3.) The Tribunal decided the claim petition vide order dated 12.7.1984 and it was held as follows: "It is also undisputed fact that the petitioner applied for the post as a member of the Scheduled Caste. His name was recommended by the District Selection Committee treating him to be a member of the Scheduled Caste. He was thus appointed on the reserved quote."