Excelsior Correspondent
JAMMU, July 20: Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Atul Sreedharan and Justice Mohan Lal has upheld the termination of Judicial Officer namely Mohammad Yousuf Allie, who fraudulently secured RBA certificate.
After hearing both the sides, the DB observed, “the RBA certificate in the Union Territory of J&K is akin to a caste certificate elsewhere as the benefit of reservation can be availed of by persons who are holders of a RBA certificate”, adding “report dated 30.01.2018 of the Deputy Commissioner clearly disclosed that the RBA Certificate was fraudulently secured by the petitioner, and the same not ever having been challenged by the petitioner before a judicial forum and the subsequent report of 07.07.2018 having already been held by this Court as non-est in the eyes of law, the Full Court made no error in relying upon the report of 30.01.2018 and coming to the conclusion that the entry into service of the petitioner itself was by fraudulent means and, therefore, depriving him of an opportunity of departmental enquiry is not in violation of Article 311 of the Constitution as has been held by the Supreme Court”.
With these observations, the Division Bench dismissed the petition.
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