BHARAT SINGH BATHAM Vs. LIFE INSURANCE CORPORATION OF INDIA
LAWS(MPH)-2021-3-28
HIGH COURT OF MADHYA PRADESH
Decided on March 16,2021

Bharat Singh Batham Appellant
VERSUS
LIFE INSURANCE CORPORATION OF INDIA Respondents

JUDGEMENT

G.S. Ahluwalia,J. - (1.) This petition under Article 226 of the Constitution of India has been filed against notice dated 4-9-2020 issued by respondent no.1, by which the petitioner has been called upon to show cause as to why his appointment be not declared as void ab-initio and why the proposed penalty of dismissal from service be not imposed and why gratuity and pensionary benefits should not be forfeited since, the petitioner has obtained his appointment on the basis of forged caste certificate which amounts to offence involving moral turpitude.
(2.) It is the case of the petitioner that the petitioner was issued a caste certificate to the effect that the petitioner belongs to Manjhi Caste and accordingly, the petitioner was appointed on 13-3-1981 against the post reserved for Scheduled Tribe category and at present he is working on the post of Assistant Administrative Officer under the respondent no.1.
(3.) It is alleged that the respondents started disciplinary enquiry against the petitioner on the charges that the caste certificate submitted by the petitioner at the time of appointment in the year 1981 is forged. The disciplinary enquiry was initiated after 37 years of service of the petitioner and the petitioner has only 3 months of service remaining for his retirement. The charges leveled against the petitioner were denied. Thereafter, the enquiry officer, submitted his enquiry report dated 26-6-2020, thereby exonerating the petitioner from the charges and it was held that the charge leveled against the petitioner is not proved.;


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