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Civil · Reportable judgment

Bhubaneswar Development Authority vs Madhumita Das and Ors.

Court
Supreme Court of India
Date
2 May 2023
Case No.
Civil Appeal No. 3320 of 2023
Result
Disposed
Bench
D.Y. Chandrachud, J.B. Pardiwala
Citation
[2023] 6 S.C.R. 590 : 2023 INSC 728
Supreme Court Reports [2023] 6 S.C.R. 590 : 2023 INSC 728
Headnote

Service Law – Dismissal from service – Cancellation of caste certificate – Respondent obtained employment against a post which was reserved for the Scheduled Caste – Her caste certificate was invalidated by the Tehsildar on the ground that she did not belong to a Scheduled Caste by birth and her marriage to a person belonging to a Scheduled Caste would not entitle her to benefit of the reservation for persons belonging to the caste of her spouse – Appellant passed an order dismissing the first respondent from the service – Single Judge of the High Court directed the appellant to reconsider the claim of the first respondent for reinstatement – Division Bench dismissed the appeal on the ground of delay of five hundred and sixty-four days – On appeal, held: Declining to condone delay in the instant case would have serious consequences of allowing an imposter to continue the benefit of a reserved seat – This is not just a matter of detriment to the State but to genuine aspirants to the reserved seat who would be ousted – Division Bench ought to have condoned delay – No fault can be found with the conduct of the appellant in convening a disciplinary enquiry – The findings of the enquiry was unexceptionable – Punishment imposed could not be regarded as disproportionate.

Chairman and Managing Director, Food Corporation of India v. Jagdish Balaram Bahira (2017) 8 SCC 670 : [2017] 11 SCR 271; Valsamma Paul v. Cochin

University (1996) 3 SCC 545 : [1996] 1 SCR 128 – relied on.

Anjan Kumar v. Union of India (2006) 3 SCC 257 : [2006] 2 SCR 208; Solunke v. State of Maharashtra (2012) 8 SCC 430 : [2012] 7 SCR 251; Shalini v. New English High School Association (2013) 16 SCC 526 : [2013] 12 SCR 807 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Judgment and order of the Court were delivered : JUDGMENT DR. DHANANJAYA Y CHANDRACHUD, CJI 1. Leave granted. 2. This appeal arises from a judgment dated 30 October 2019 of a Division Bench of the High Court of Orissa. 3. On 17 October 1998, the first respondent joined the service of the appellant as a Junior Assistant against a post reserved for women belonging to the Scheduled Castes. In support of her plea of belonging to a Scheduled Caste, the first respondent submitted a caste certificate which was issued by the Tehsildar, Bhubaneswar. The caste certificate was issued on
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