TMI Blog2019 (9) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... nion 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 relie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt on which reliance was placed by the respondent and, therefore, extending the benefit of the said decree to the respondent vitiates the impugned order. 4. Thirdly, it is submitted that, as a matter of fact, 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. 5. The dispute, in short, is as to whether the caste which the respondent claims to be belonging to is a proclaimed scheduled tribe caste or not and as to whether the certificate on the basis of which he sought employment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th June, 2008 had lost its efficacy and a fresh decision had to be taken in respect thereof. 9. It is in this background that the District Magistrate instituted proceedings with regard to scrutiny of the caste certificate in the year 2011 and the District Magistrate, on the basis of the reports of the Scrutiny Committee, construed the caste of the respondent as Kahar , which is an extremely backward category caste, and conveyed the said decision. 10. The respondent filed a second writ petition, namely, C.W.J.C. No.3158 of 2014 challenging the said report. 11. In between, the enquiry in the disciplinary proceedings had concluded to which a reply had been submitted by the respondent. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , on 12th of December, 2018 allowed the original application and issued a directions to reinstate the applicant after quashing the removal orders dated 16th of July, 2015 and 14th of June, 2016, passed by the disciplinary authority and the appellate authority respectively. 17. It is challenging the order of the Tribunal that the Department came up in this writ petition contending that the impugned order of reinstatement is vitiated with a further request that the said order should be stayed during the pendency of the writ petition as an appeal against the original decree in the title suit has already been filed and is pending consideration before the learned District Judge, Kaimur. 18. We have considered th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 20. Coming to the issue of an appeal having been filed against the judgement and decree of the trial court, we do not propose to comment upon the same, 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. In the event the decree is reversed or a finding contrary to the same is recorded by the trial court or by the higher forum, it will be open for the petitioner to take recourse to an ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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