2019 (9) TMI 270

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....The 1st objection taken to the impugned judgement is that the claim petition filed by the respondent was incompetent as it 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. 3. It is further submitted that the Tribunal committed an error in ignoring the fact of the filing of an appeal against the decree of the Civil Court 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 belonge....

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....cer was appointed and the respondent was placed under suspension. The said enquiry proceedings culminated in the removal of the respondent in the year 2015. But, in between, the respondent had approached this Court by filing C.W.J.C. No.6820 of 2010 that was disposed of on 31st March, 2011 observing that the order of the District Magistrate passed earlier on 27th 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....

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....aneous application filed for compliance thereof was also disposed of on 4th of July, 2018 directing the authorities to pass an appropriate order. The original application remained pending. 16. The Tribunal, after having heard the parties, 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 ....