AI Structured Summary
Not yet generated for this judgment
Judgment
Dismissal of the writ application by the learned single
Judge on 07.05.2014 is the cause of action for this appellant to move
in Letters Patent Appeal.
The appellant was selected and appointed under Central
Reserve Police Force (CRPF) on the post of a constable. His
appointment was based on his declaration that he belonged to a
Scheduled Tribe and his selection was also made on the basis of such
a declaration. However, it seems, on verification this declaration was
found to be false and misleading on an enquiry made by the Sub
Divisional Magistrate and based on that input and report, the
Commandant, 147 Battalion, CRPF, Silchar, Assam, decided to
dismiss the appellant vide order dated 25.10.2007. This became the
reason for the appellant to file a writ application and seeking
quashing of the said order along with the order of the appellate
authority dated 29.04.2008. The learned single Judge went through
the entirety of the enquiry and the material which has been dealt in
detail and he came to a considered opinion that the caste certificate
was either forged or fake and the appellant did not belong to
Scheduled Tribe category, therefore, refused to interfere with the
order of dismissal.
Since nothing new has emerged in this present appeal as
to the evidence, contrary to such finding of the authorities, which can
be said to be erroneous or can demolish the finding, the decision of
the respondent authorities to terminate his services for obtaining
employment by method foul, cannot be supported by any authority
much less a Court of law.
After due examination of the order impugned and the
materials, we come to the finding that the learned single Judge has
committed no error in dismissing the writ application because the
appellant cannot be rewarded for a wrong committed by him and him
alone as he was the direct beneficiary.
Appeal is dismissed.