LAWS(PAT)-2004-9-70

RAMASHRAYA PRASAD Vs. STATE OF BIHAR

Decided On September 15, 2004
Ramashraya Prasad Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS writ application is directed against the order of dismissal passed against the petitioner as contained in Annexure 3 and also against the order as contained in Annexure 5 whereby and whereunder his appeal has been rejected.

(3.) LEARNED counsel for the petitioner submitted that the father of the petitioner was Rajput by caste whereas his mother was Dusadhin by caste and, therefore, the Block Development Officer at the relevant time granted him caste certificate showing him scheduled caste candidate and this fact has not been found to be untrue even in course of enquiry. It is further submitted by learned counsel that even in course of enquiry one of the witnesses namely Babu Lal Ram deposed in the enquiry that the mother of the petitioner was Dusadhin by caste. It is lastly submitted by learned counsel for the petitioner that the petitioner continued in service for more than nine years and, therefore, equitable treatment could have been given to him and in no way he could have been dismissed frorr the services.