1999 Supreme(Gau) 117
GAUHATI HIGH COURT
N.Surjamani Singh, J.
Dilip Kumar Sarkar -Appellant
Versus
State of Tripura -Respondent
Civil Rule No. 481 of 1998
Decided On : 05-04-1999
U.B.Saha, P.R.Barman
The principles of natural justice require that administrative or executive orders involving civil consequences should be passed in accordance with the principles of natural justice.
Headnote:
NATURAL JUSTICE - PRINCIPLES OF - VIOLATION - CANCELLATION OF CASTE CERTIFICATE - OPPORTUNITY OF BEING HEARD - NOT GIVEN - CANCELLATION OF CASTE CERTIFICATE - QUASHED.
Fact of the Case:
The petitioner challenged the cancellation of his Scheduled Caste certificate by the Sub Divisional Officer, Kamalpur, Tripura, without providing him an opportunity to be heard. The petitioner argued that the cancellation violated the principles of natural justice.
Finding of the Court:
The court found that the Sub Divisional Officer did not follow the rules of natural justice while passing the impugned memorandum and did not act reasonably. The court observed that the competent authority exercised the power conferred upon arbitrarily while issuing the impugned memorandum.
Issues: Whether the cancellation of the petitioner's Scheduled Caste certificate without providing him an opportunity to be heard violated the principles of natural justice.
Ratio Decidendi: The court held that the cancellation of the petitioner's Scheduled Caste certificate without providing him an opportunity to be heard violated the principles of natural justice. The court relied on the decision of the Supreme Court in State of Orissa vs. Dr. (Miss) Binapani Dei & others, AIR 1967 Supreme Court 1269, which held that administrative or executive orders involving civil consequences should be passed in accordance with the principles of natural justice.
Final Decision: The court quashed the impugned memorandum cancelling the petitioner's Scheduled Caste certificate.
2. Upon hearing the learned counsel for the parties, I am of the view that this matter pan be disposed of at this stage, considering the existing facts and circumstances of the case. The prayer for adjournment as sought for by Mr. UB Saha, learned Govt Advocate is rejected and this Court is hereby propose to dispose of this writ petition with the following judgment and order after proper application of judicial mind in the matter.
3. The memorandum dated 26th October, 1998 bearing No. 2461/78/F. 9(212)1SDO/KMI/TW/98 as in Annexure F to the writ petition issued by the Sub Divisional Officer, Kamalpur, Dhalal, Tripura cancelling the Scheduled Castes certificate issued to and in favour of the writ petitioner is the subject matter under challenge in this writ petition.
4. Mr. PR Barman, learned counsel for the petitioner contended that the Collector, North Tripura District, Kailashahar under his office order/letter dated 18th April, 1973 as in Annexure A to the writ petition recognised the petitioner a as Indian citizen within the meaning of section 3 of the Citizenship Act and the competent authority namely Sub Divisional Officer, Kamalpur, North Tripura also issued Scheduled Castes certificate to and in favour of the present writ petitioner vide office order/caste certificate dated 2nd May, 1978 as in Annexure C to the writ petition. But in the year 1997 the concerned Sub Divisional Officer directed the writ petitioner to meet him with original papers pertaining to the b caste certificate issued to him on 2nd May, 1978 vide No. 205 on 11th December, 1997 at 11.00 AM positively and, in response to the said office letter and direction made by the Sub Divisional Officer, the writ petitioner submitted the original caste certificate with the Sub Divisional Officer and met him, however, the impugned memorandum/order dated 26th October, 1998 was issued by the Sub Divisional Officer concerned cancelling the caste certificate issued to and in favour of the present writ petitioner without giving any opportunity of being heard. According to Mr. PR Barman, learned counsel no due process of law was adopted and followed by the competent authority before passing the impugned memorandum of 26th October, 1998 as in Annexure F to the writ petition inasmuch as, no reasonable opportunity of being heard was ever afforded to the Writ petitioner before cancelling his caste certificate and, as such, it is a clear case of violation of principles of natural justice.
5. At the hearing Mr. UB Saha, learned Govt Advocate submitted that enquiry has been made and it has been revealed that due to mis-representation of facts, the said caste certificate was issued to and in favour of the present writ, petitioner and, apart from it, the petitioner has been given opportunity to submit his original caste certificate for verification and to find-out the factual matter as reflected in the document marked as Annexure D to the writ petition which is an office letter of 3rd December, 1997 issued by the Sub Divisional Officer, Kamalpur, Dhalal District. It is also contended by Mr. UB Saha that the impugned memorandum was issued by the competent authority after due compliance of the required procedure. When this Court require the assistance of Mr. UB Saha, learned Govt Advocate, this'Court apprised Mr. UB Saha as to whether his submission is made on the basis of the available original records; but Mr. UB Saha, lea