Jitendra Prasad vs Union Of India & Ors
2021 Latest Caselaw 1499 Cal

19.02.2021
Item No. 22
Ct. No. 04
PG


                                  M.A.T. 1014 of 2017
                                               r




                                    Jitendra Prasad
                                           Vs.
                                  Union of India & Ors.


              Mr. Achin Kumar Majumdar
              Mr. Pratik Majumder......for appellant

              Mr. Sanajit Kr. Ghosh
              Mr. Madhusudan Mukhopadhyay......for respondents

Mr. Majumdar, learned advocate appears on

behalf of appellant, who is aggrieved by judgment

dated 16th May, 2017 dismissing the writ petition. He

submits, his client was appointed in Railway

Protection Force (RPF) on 2nd June, 1977.

Memorandum dated 21st December, 2010 was issued

against his client containing the charges, mainly that

his Scheduled Tribe certificate was forged. After 33

years of service his employer acted in this manner

without material evidence on late discovery. His

certificate was scrutinised at appointment and

thereafter on every promotion given. There was clear

averment in the writ petition, by paragraph 26, that

prior to judgment dated 16 th November, 1992 of Apex

Court there was no designated Other Backward

Class. In paragraph 19 of affidavit in opposition there

is no dispute raised regarding setting up of National

Commission on Other Backward Classes pursuant to

the judgment. Forgery had not been proved.

Paucity of time intervenes. List on Tuesday

next i.e. 23rd February, 2021.

(Arindam Sinha, J.)

(Suvra Ghosh, J.)