1. Cancellation of a Scheduled Caste certificate following an enquiry finding the holder belonged to a different community. (Para 2 )
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1999 Supreme(SC) 76
1999(10) Supreme 162
SUPREME COURT OF INDIA
B.N. Kirpal and V.N. Khare, JJ.
Gulzar Singh -Appellant
versus
Sub-Divisional Magistrate & Anr. -Respondents
Civil Appeal No. 437 of 1999
(Arising out of SLP (C) No. 14824 of 1998)
Decided on 22-1-1999
Important Points
The cancellation of a Scheduled Caste certificate, which confers specific rights, must adhere to the principles of natural justice. This requires the issuing authority to provide a show-cause notice and an opportunity for the affected person to respond to evidence before the certificate is revoked.
Subject
Administrative Law - Natural Justice
Act Referred
Headnote
(i) Caste certificate-Scheduled caste certificate issued to appellant -Cancellation later on, on ground appellant belonged to Christian community-No show cause notice -Natural justice violated-Order of cancellation quashed - Authorities would be free to take action in accordance with law. (Para 3)
(ii) Administrative Law-Natural justice-Cancellation of Scheduled Caste certificate issued to appellant on ground he did not belong to Scheduled Caste-No show cause notice given-Held : with issuance of Scheduled Caste certificate-Certain rights accrued to appellant- Authorities ought to have issued show cause notice before cancellation of caste certificate-Principles of natural justice violated-Cancellation order quashed leaving authorities to take action in accordance with law. (Para 3)
Legal Category Hierarchy
Table of Contents
2. Challenge to the cancellation of a Scheduled Caste certificate versus the validity of an enquiry conducted by the authority. (Para 2 )
3. The authority failed to issue a show-cause notice or provide the appellant an opportunity to rebut statements, violating the principles of natural justice. (Para 3 )
4. Cancellation of a certificate conferring rights necessitates compliance with natural justice, specifically the issuance of a show-cause notice and the right to rebut evidence. (Para 3 )
5. Appeal allowed, High Court judgment set aside, and the order cancelling the Scheduled Caste certificate quashed. (Para 4 )
6. Is a show-cause notice mandatory before cancelling a Scheduled Caste certificate?
Yes. Because the issuance of a Scheduled Caste certificate confers certain rights, the principles of natural justice require the department to issue a show-cause notice before cancelling it. (Para 3 )
7. How should evidence from third parties be handled in proceedings to cancel a caste certificate?
If the department relies on statements from other persons to conclude that an individual does not belong to a particular caste, fairness requires that those statements be put to the individual before a final decision is reached. (Para 3 )
ORDER
1. Special leave granted.
2. The appellant had been issued a caste certificate on 10-10-1988 in which it was inter alia stated that the appellant belongs to Majhbi Sikh caste which was recognized as a Scheduled Caste. The grievance of the appellant was restricted to the decision communicated to him by the Sub-Divisional Magistrate, Gurdaspur dated 3.6.1997 whereby Certificate No. 9336 dated 10.10.1988 was cancelled. The said certificate was cancelled because an enquiry, which was stated to have been conducted, it was found that the appellant belongs to the Christian community. The cancellation of the Scheduled Caste certificate was challenged by the appellant by filing a writ petition in the High Court. The High Court dismissed the same by observing as follows :
"From the pleading of the parties, it is crystal clear that an open enquiry was made regard to the Scheduled Caste certificate issued to the petitioner and in the said enquiry, the petitioner was associated. On proper appraisal of all aspects of the case, it has been held that the petitioner is not a Scheduled Caste but a Christian. That being so, we find nothing wrong in the order vide which the Scheduled Caste certificate issued to the petitioner has been cancelled."
3. It is clear from the facts on record that prior to the cancellation of the Scheduled Caste certificate by the impugned order dated 3-6-1997, no show-cause notice was issued to the appellant. It cannot be denied that with the issuance of the Scheduled Caste certificate, certain rights accrued to the appellant. If this certificate was to be cancelled on the basis of some enquiry which had been conducted by the department, it was incumbent on the department, keeping in view the principles of natural justice, to issue a show cause notice to the appellant requiring him to explain as to why the Scheduled Caste certificate which had been issued should not be cancelled. If there were statements of other persons which were recorded, as seem to have been done in the present case, on the basis of which the department came to the conclusion that the appellant was not a Majhbi Sikh by caste but was a Christian, then fairness would require that the said statements should be put to the appellant before a final decision is taken.
4. In view of the fact that the principles of natural justice were violated in the present case, we allow this appeal, set aside the judgment of the High Court and quash the impugned order passed on 3.6.1997, leaving it open to the respondent to take action in accordance with law. There will be no order as to costs.
(C.R.) Appeal allowed.
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