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Calcutta High CourtWPA/3143/2024dismissed

Prasenjit Mahato v. State Of West Bengal And ORS.

2024-04-18Hon'Ble Justice Biswajit Basu2 pages

18.04.2024 (D/L 13) Ct.-18 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 3143 of 2024 Prasenjit Mahato -Vs- The State of West Bengal & Ors.

Mr. Swagata Datta, .... For the Petitioner.

Mr. Shamim ul Bari, Ms. Indrani Nandi, .... For the State.

Ms. Koyeli Bhattacharyya, .... For the W.B.B.S.E.

Mr. Sunit Kumar Roy, .... For the S.S.C.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

The petitioner was an Assistant Teacher at Adarsha Vidyapith, Murari Pukur, Kolkata, his said appointment has been terminated on the allegation that he had used a fake Caste Certificate to get the said appointment.

Mr. Bari, learned advocate appears on behalf of the State and files copy of the order dated November 08, 2004 passed by the Sub-Divisional officer and Caste Certificate issuing authority Balurghat, Dakshin Dinajpur in the Cancellation Proceeding Case no. 13 of 2004 whereby and whereunder the Caste Certificate issued to the petitioner has been cancelled, the copy of the said order is taken on record.

In view of such, challenge to the order of termination of service does not call for any interference.

However, it is open to the petitioner to challenge the said order of the Sub-Divisional Officer in accordance with law.

It is made clear that the said Officer is obliged to take appropriate steps in accordance with law against the petitioner for furnishing a fake certificate to get a job.

W.P.A. 3143 of 2024 is dismissed with the above observations without any order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)