Heard.

1. By this petition, under Article 226 of the Constitution of India, the petitioner calls in question correctness and validity of orders dated 26.02.2007, 20.04.2007 & 29.11.2007 passed by the respondents No.1 & 2 respectively in the matter of determination of caste status of the petitioner.

2. The factual matrix obtaining on record of the case and relevant for decision of the controversy involved in the case is that the petitioner had secured employment under respondent No.3/Chhattisgarh Khadi Tatha Gramodyog Board in the year 1978 as a reserved category candidate claiming to be belonging to scheduled tribe 'Panika' on the strength of caste certificate issued in his favour by Divisional Organizer Adim Jati Tatha Harijan Kalyan, Sohagpur, District Shahdol in the year 1977.

3. While the petitioner was continuing in service, there were various complaints made raising an issue that the petitioner did not belong to scheduled tribe 'Panika' which led to series of enquiry and various reports, observations and findings were recorded by different authorities at different point of time. According to petitioner's pleadings, there were enquiry report dated 18.05.94 of the Additional Collector, Shahdol (Annexure P/7), Departmental Enquiry report dated 31.12.94 (Annexure P/8), order of Managing Director dated 08.10.96 (Annexure P/10), memo of Deputy Director dated 23.12.96 (Annexure P/11), covering memo dated 25.02.04 of the Secretary of the Government information dated 17.02.2006 given by Managing Director Chhattisgarh Khadi Tatha Gramodyog Board, Raipur information dated 16.01.2006 given by Deputy Director of the Board, which all were in favour of the petitioner that the caste certificate was rightly issued to the petitioner and there was no material to show that the petitioner did not belong to scheduled tribe Panika.

4. The events took a turn unfavourable to the petitioner when a new notice was again issued on 03.10.2006 by the State Level Caste Scrutiny Committee requiring petitioner to submit his reply and also produce documents in support of his claim that he belonged to scheduled tribe Panika. The petitioner in reply submitted that earlier enquiry has been made and therefore, he may be supplied a copy of complaint on the basis of which the new enquiry has been initiated. This was eventually followed by detailed representation dated 30.10.2006 and another reply dated 22.01.2007, wherein the petitioner, referring to various enquiry reports in the past, which have been referred to herein above, asserted that the petitioner's status as scheduled tribe 'Panika' attained finality and the matter, therefore, requires to be closed by recording a finding in his favour.

5. The Committee, however, proceeded to pass the impugned order on 26.02.2007 by which it was held that the petitioner was not entitled to the status of scheduled tribe Panika. A direction was issued for cancellation of the caste certificate and also for termination from service. The Collector was also directed to take necessary steps. Thereafter, the Caste Scrutiny Committee issued a letter to the Government to take necessary steps vide memo dated 15.10.2007 and then impugned memo dated 29.11.2007 was issued to the petitioner, requiring him to show cause as to why services be not terminated. The petitioner then filed this petition before this Court challenging the aforesaid orders.

6. Assailing legality of the order passed by the State Level Caste Scrutiny Committee and all subsequent actions, learned counsel for the petitioner would submit that the Caste Scrutiny Committee acted in utter violation of principles of natural justice, inasmuch as, the report of vigilance cell which was obtained by it in the matter of petitioner's case was never supplied to the petitioner. He would submit that in addition to that, the Committee took into consideration an extremely adverse material against the petitioner, a report dated 22.07.99 of Tahsildar Dindori which was never disclos