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2019 (9) TMI 270 - HC - Indian LawsFalse declaration of caste - it is submitted that it was established from the Caste Scrutiny Committee reports that the respondent belonged to the extremely backward community and not to the Scheduled Tribe community and, consequently, had obtained employment in the petitioner Department on the basis of a false declaration of caste - HELD THAT:- As on date the caste certificate which was issued to the respondent-applicant in the year 1993 holds good so long as the decree of the Civil Court stands. In this background, we are of the considered opinion that the Tribunal has not committed any error in proceeding to issue a direction to reinstate the respondent-applicant who had already served for ten years when the verification began and he came to be suspended in the year 2010, i.e. almost after 17 years of his service. His dismissal came only in the year 2015. It is this dismissal order which was challenged before the Tribunal and the claim of the respondent-applicant has been allowed taking into consideration the entire facts on record, but mainly basing its finding on the strength of the decree of the Civil Court. We do not find any error in the approach of the Tribunal in doing so, inasmuch as, so long as the decree holds valid, the respondent-applicant was entitled for the relief that was prayed for. Maintainability of petition - claim petition had been instituted without impleading proper and necessary parties, namely, the District Level and the State Level Committees constituted for the purpose of scrutiny of caste - HELD THAT:- Inasmuch as it is open to the petitioner Department to pursue its remedy of appeal against the decree of the trial court declaring the status of caste of the respondent is concerned. Petition dismissed.
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