Search Results Page
Search Results
1 - 3 of 3 (0.16 seconds)Article 226 in Constitution of India [Constitution]
State Of Maharashtra vs Milind & Ors on 28 November, 2000
4. Learned counsel for the petitioner submits that case of the
petitioner is squarely covered by the order passed in WPS No.1195 of
2012, petition filed by brother of the petitioner but the respondent
authorities without any proper enquiry, cancelled the Caste Certificate
of petitioner. Petitioner completed more than 26 years of service
therefore, as per law laid down by Hon'bnle Apex Court in case of
State of Maharashtra Vs Milind and others reported in (2001) 1 SCC
4, the employees should not be ousted from the service after rendering
long period of service. Impugned order is also contrary to the decision
of Hon'ble Apex Court in which it was clearly stated that it is not open
to State Governments or courts or tribunals or any other authority to
modify, amend or alter the list of Scheduled Tribes specified in the
notification issued under clause(1) of Article 342 of the Constitution of
India. He further submits that it is not the ground of respondent-2 that
the Caste Certificate was obtained by the petitioner by any fraud or
manipulation, therefore, orders passed by the respondent authorities
Neutral Citation
2023:CGHC:30915
are erroneous, frivolous and against the law, which are liable to be set
aside.
1