Srinagar, July 21 : The Division Bench of the Jammu & Kashmir and Ladakh High Court, comprising Justice Atul Sreedharan and Justice Mohan Lal, recently upheld the termination of Judicial Officer Mohammad Yousuf Allie. The termination was a result of his fraudulent acquisition of an RBA (Reserved Backward Area) certificate.
During the court proceedings, the Division Bench emphasized that the RBA certificate holds the same significance as a caste certificate in other regions, granting individuals eligibility for reservation benefits. However, in this case, the court found that Mohammad Yousuf Allie had obtained the RBA certificate through fraudulent means.
The court took note of a report from January 30, 2018, issued by the Deputy Commissioner, which exposed the fraudulent nature of the RBA certificate obtained by the petitioner. Additionally, the petitioner had not challenged this report before any judicial forum. Moreover, a subsequent report from July 07, 2018, which could have been relevant, was already deemed invalid by the Court.
Considering these facts, the Division Bench concluded that the petitioner’s entry into the judicial service was achieved through fraudulent measures. Consequently, the court ruled that the termination of the petitioner and the absence of a departmental enquiry did not violate Article 311 of the Constitution. The court cited previous rulings by the Supreme Court that supported the same stance.
In light of these findings, the Division Bench dismissed the petition filed by Mohammad Yousuf Allie, thereby upholding his termination from the judicial service due to the fraudulent procurement of the RBA certificate.
