Court No. - 29 Case :- WRIT - A No. - 41705 of 2010 Petitioner :- Union Of India And Others Respondent :- The Central Administrative Tribunal Alld. And Another Petitioner Counsel :- Satish Chaturvedi Respondent Counsel :- Sunil Kumar Srivastava Hon'ble Sunil Ambwani,J.
Hon’ble Kashi Nath Pandey,J.
Shri Sunil Kumar Srivastava has accepted notice on behalf of
respondent No.2.
We prima facie agree with the learned counsel for the petitioner
that the judgment of the Tribunal based only on the ground that the
departmental authorities have not given any reasons to set aside
the appointment letter requires consideration by the High Court.
In the enquiry initiated by the department, the District Magistrate
found and reported that the respondent No.2 does not belong to
‘Chamar’ caste. Infact he belongs to ‘Brahmin’ caste, and his caste
certificate dated 27.2.2004 issued by the Tehsildar, Sadar,
Allahabad was cancelled. The department concluded that the
petitioner could not prove that he belonged to scheduled caste, and
had thus misrepresented and played fraud in seeking employment
in reserved category.
Let the counter affidavit be filed within four weeks. The rejoinder
affidavit may be filed within one week, thereafter.
List on 7th September, 2010.
Until further orders, the effect and operation of the impugned
judgment of the Central Administrative Tribunal dated 21.4.2010
in O.A. No.331 of 2006, Arjit Dutt Vs. Union of India & Ors. shall
remain stayed.
Order Date :- 21.7.2010
SP/