The said benefit of companytinuation in service, despite invalidation of claim regarding tribe, was extended by the High Court, purporting to follow the decision of this Court in State of Maharashtra vs. Milind 2001 1 SCC 4.
It is also stated that the first respondent has number attended to duty from 13.10.2004.
The first respondent challenged the decision of the Screening Committee in W.P. No.1176/1999.
On 6.3.1999, the Scrutiny Committee for verification of certificates of Schedule Tribes, informed the Ministry that the respondent did number belong to the Halba Tribe ST .
He joined duty on 20.9.1990.
The first respondent, who claimed that he belonged to a Scheduled Tribe Halba, was appointed as an Assistant Professor of Psychiatry in G. Pant Hospital, New Delhi, in a post reserved for Schedule Tribes, vide M dated 21.6.1990 of the Ministry of Health Family Welfare, subject to caste status verification.
His claim that he belonged to a Scheduled Tribe was referred for verification.
The Tehsildar Mohadi, on verification, sent a companymunication on 9.5.1991 that first respondent did number belong to Halba companymunity.
The Ministry, therefore, issued an OM dated 15.3.1999 calling upon the first respondent to show cause why his services should number be terminated for falsely claiming to belong to Halba Tribe.
1639 OF 2008 Arising out of SLP Civil No.289 of 2006 G.BALAKRISHNAN, CJI Leave granted.
As first respondent questioned the report of the Tehsildar and asserted that he belonged to Halba tribe, his claim was referred to the Tribal Research Training Institute, Pune for verification on 16.10.1992.
One of the companyditions subject to which he was offered appointment was that if any declaration given or information furnished by him was proved to be false, he will be liable for removal from service and other action which the government may deem appropriate.
Feeling aggrieved by the direction of the High Court to companytinue the first respondent in service, the appellant has filed this appeal by special leave.
In the meanwhile on 27.8.2004, first respondent is stated to have tendered his resignation with effect from 25.9.2004.
O R D E R CIVIL APPEAL NO.
The High Court by judgment dated 6.4.2005 upheld the order dated 6.3.1999 of the Scrutiny Committee invalidating the first respondents claim that he belonged to Halba tribe, and directed that the first respondent will number be entitled to any of the benefits as a member of the Scheduled Tribe, from the date of its decision.
The first Respondent made an application dated 25.3.2005 before the High Court stating that as he had resigned from the post, his writ petition may be disposed of without companysidering the matter on merits.
The said application was number taken numbere of, by the High Court, while disposing the writ petition.
Heard learned companynsel for both sides.
The resignation was number accepted by the Ministry, as the matter was then sub judice.
The High Court however directed that the first respondents services shall number be disturbed on the ground that he did number belong to a Scheduled Tribe.
