Court No. - 32
Case :- SPECIAL APPEAL No. - 982 of 2019 Appellant :- Rukam Veer Singh Respondent :- Union Of India And 4 Others Counsel for Appellant :- Ashwani Kumar Mishra Counsel for Respondent :- Anand Kumar Ray
Hon'ble Shashi Kant Gupta,J. Hon'ble Saurabh Shyam Shamshery,J.
This special appeal has been filed against the judgment and order dated 30.7.2019 passed by the learned Single Judge in Writ A No.7961 of 2019 whereby the said writ petition, filed by the appellant, was dismissed.
Heard learned counsel for the appellant, Shri Anand Kumar Ray, learned counsel for the respondent and perused the record.
A perusal of the record shows that the appellant's appointment to the post of Constable was declined by the authorities concerned on the ground that the appellant had relied upon a forged caste certificate dated 10.7.2002, according to which, appellant's caste is 'Mina' and is a member of the Scheduled Tribe. In the inquiry, it was found that such a certificate was not issued, and therefore, appellant's candidature has been rejected.
Perusal of the record further shows that the District Magistrate, Dausa has sent the letter to the Railway Protection Force, Jhansi, dated 17.11.2015, according to which, caste certificate, which was relied upon by the appellant, does not bear signatures of Shri Bharat Lal Mina, the then Tehsildar. The statement of the Tehsildar was also annexed along with the counter affidavit filed by the respondent and the writ court categorically stated that the caste certificate dated 10.7.2002 does not contain the signature of the then Tehsildar. The signature on the caste certificate found to be forged and the said statement has been relied upon by the authorities concerned. Thus, no caste certificate was issued to the appellant.
The contention of learned counsel for the appellant is that in fact, the caste certificate was issued by the office of the Tehsildar and there was no occasion for him to doubt the signatures of Tehsildar.
Considering the facts and circumstances of the case, we do not find any force in the arguments of learned counsel for the appellant as concerned Tehsildar has himself stated that no certificate was issued by him and the caste certificate-in- question does not contain the signatures of the Naib Tehsildar.
The special appeal, is accordingly, dismissed.
Order Date :- 26.9.2019 Rishabh