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2023 Supreme(Chh) 136

IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
PARTH PRATEEM SAHU, J.
G. Rajesh (since dead) Through : L.RS.
1. T.M. Lovely, W/o. Late G. Rajesh – Appellant
Versus
State Of Chhattisgarh – Respondent
W.P.(C) No. 577, 579 of 2015
Decided on : 01-05-2023

Advocates:
Advocate Appeared:
For the Appellant :Ms. Sharmila Singhai, Sr. Advocate Assisted by Ms. Archi Agrawal, Advocate
For the Respondents:Mr. Anmol Sharma, Mr. Ashish Surana, Advocate

Headnote:

Caste certificate - Order of cancellation - Hon'ble Court may kindly be pleased to quash/set-aside impugned order passed by respondent No.2 with all subsequent orders and actions, taken in pursuance to impugned order - Held, Admittedly they do not belong to Mahar caste and further authority who issued caste certificate for petitioners, who are permanent residents of State of Kerala was not competent and therefore, there is no error in order passed by Committee canceling caste certificate issued in their favour of Mahar caste - Perusal of record of Committee would show that proper opportunity of hearing was afforded to petitioners - For cancelling caste certificate, if restricts to civil consequences then dishonest intent is not a requirement to be proved - Submission of learned counsel for petitioners that proper procedure for verifying caste is violated and there is violation of principle of natural justice is not acceptable and it is hereby repelled - Court do not find any merit in both petitions - Petitions dismissed.

ORDER :

1. Petitioners have filed these petitions seeking following relief (s) respectively :-

    “I. This Hon’ble Court may kindly be pleased to call the entire records of subject matter of the present case, from the respondents.

II. This Hon’ble Court may kindly be pleased to quash/set-aside the impugned order dated 25.03.2014 passed by respondent No.2 (Annexure P1), with all subsequent orders and actions, taken in pursuance to impugned order dated 25.03.2014.

III. Any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of petition may be given.

AND

I. This Hon’ble Court may kindly be pleased to call the entire records of subject matter of the present case, from the respondents.

II. This Hon’ble Court may kindly be pleased to quash/set-aside the impugned order dated 25.03.2014 passed by respondent No.2 (Annexure P- Page No.3 1), with all subsequent orders and actions, taken in pursuance to impugned order dated 25.03.2014.

III. Any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of petition may be given”

2. Both petitioners are real brothers and employees of respondent No.3-Bhilai Steel Plant. Petitioner – G. Rajesh obtained caste certificate from the Office of Additional Tahsildar, Durg on 20.05.1994 and petitioner – G. Girish obtained caste certificate from the office of Naib Tahsildar, Durg on 27.12.1990 of Mahar caste (Scheduled Caste). On the basis of which they entered into employment under respondent No.3/plant on the post of Plant Attendant and Attendant (Electrical) Rail Mill respectively. Caste certificates issued to them were cancelled by Joint Collector, Durg on 24.6.1999 and order of cancellation was put to challenge by both petitioners by filing writ petition in the High Court of Madhya Pradesh bearing W.P. No. 3315 of 1999 and 3041 of 1999 respectively. Writ petitions filed by petitioners came to be allowed by this Court vide order dated 08.09.2010 observing that the Joint Collector is not having any authority to cancell the caste certificate issued by competent authority in view of decision of Hon'ble Supreme Court in case of Madhuri Patil Vs. Additional Commissioner, Tribal Development, reported in (1994) 6 SCC 241. While allowing the writ petitions, liberty was reserved to respondents to refer the matter to the High Power Caste Scrutiny Committee (Hereinafter referred to as 'the Committee') for examination in accordance with law as enunciated by the Page No.4 Supreme Court. Pursuant there to the employer-respondent No.3 has sent the matter of petitioners to the Committee. The Committee after conducting enquiry has passed the impugned orders dated 25.03.2014 cancelling the caste certificates issued to petitioners observing that according to the vigilance report petitioners' forefathers are residents of Kerala State belonging to “Vallan” caste and “Vallan” caste is notified in the list of scheduled caste in State of Kerala. It is further observed that father of petitioners migrated from Kerala to Bhilai part of erstwhile State of Madhya Pradesh for employment in Bhilai Steel Plant in the year 1958.

3. Learned counsel for petitioners submits that the order passed by the Committee (Annexure P-1) is arbitrary and is passed in utter violation of principles of natural justice. The procedure prescribed for verifying the caste certificate was not followed and proper opportunity of hearing was not granted. Vigilance cell wile conducting enquiry through Deputy Superintendent of Police in the course of enquiry though supplied the reports, but the petitioners were not permitted to cross-examine those witnesses whose statements were being relied upon. The existence of such persons whose statements are taken are not known, hence, there was no opportunity to petitioners to impeach the credibility of those report. Petitioners in reply submitted important documents to establish that petitioners and their

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