The High Court, exercising Letters Patent Appeal jurisdiction, dismissed the appellant's appeal against the writ Court's order. The writ Court had refused to interfere regarding the appellant's employment due to an enquiry finding his caste certificate forged and alleged failure to join duties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Letters Patent Appellate Jurisdiction)
L.P.A No. 573 of 2016
Ram Babu Prasad, s/o Sri Ram Dayal Prasad, r/o Mandu, POMandu, PS-Mandu, District-Hazaribag, Jharkhand. At present working as Netra Assistant in Primary Health Centre, Mandu, Hazaribag (now Ramgarh). … Appellant
… Appellant
Versus
… Respondents
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Appellant : Mr. Awadhesh Pandey, Advocate For the Respondent-State : Mr. Manish Mishra, GP-V
Per, Shree Chandrashekhar, J.
The appellant who claims himself a member of Kharia Tribe and joined as a Netra Assistant in Primary Health Centre, Mandu, Hazaribag (now Ramgarh) was transferred to Kujju, Ramgarh. He applied for medical leave on 20th December 1995 and according to him the medical leave was extended till 15th April 2004. He came to this Court in W.P.(S) No. 4074 of 2004 and was permitted to tender his joining which according to the appellant the authorities refused to accept.
2. The stand taken by the State of Jharkhand is that the appellant did not tender his joining and on enquiry the caste
2 L.P.A No. 573 of 2016
certificate submitted by him was found forged. The appellant again came to this Court in W.P.(S) No. 1405 of 2013 and filed I.A No. 1474 of 2015 which in essence was for a similar relief. The aforesaid proceedings were decided against the appellant. The writ Court taking note of the aforesaid proceedings dismissed W.P.(S) No. 4048 of 2015 by an order dated 27th September 2016 observing as under:
3. Mr. Awadhesh Pandey, the learned counsel for the appellant has tried to distinguish the previous proceedings by pointing out certain facts, however, we are not inclined to accept the submissions raised on behalf of the appellant. It is not denied that the caste certificate submitted by the appellant was found forged on enquiry. Whether the appellant tendered his joining pursuant to the order passed in W.P.(S) No. 4074 of 2004 or the authorities declined to accept the joining are disputed questions of fact which cannot be decided in a writ proceeding, particularly because the appellant has failed to produce any indisputable document.
4. Above being the factual situation, we find no reason to interfere with the writ Court's order and, accordingly, L.P.A No. 573 of 2016 is dismissed.
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
R.K/Amit
2 issues framed by the court
Whether the High Court should interfere with the writ Court's order dismissing the petitioner's application regarding his employment and forged caste certificate.
Whether disputed questions of fact regarding the tendering of joining can be decided in writ proceedings.
Ram Babu Prasad
The State of Jharkhand
Shree Chandrashekhar
Ratnaker Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
